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THE DOCUMENT OF ANALYSIS ON POLICIES

FOR THE MANAGEMENT OF SEA AND

MARINE RESOURCES

OF NIAS ISLAND DISTRICT

OF NORTH SUMATERA PROVINCE

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EDITORIAL BOARD

Writers DR. Ir. M.Sc. Muhammad Zaki

Dede Suhendra Cut Desyana Contributors Nana Firman

M. Ilham Sinambela Ferry Hasudungan Tri Agung Rooswiadji Fazedah Nasution Huzer Apriansyah Graphic Design & Layout Huzer Apriansyah Cover Photos Wetlands International – IP Documentation WWF Indonesia Documentation This report can be find at : WWF-Indonesia Aceh Program Office Balee Panda : Jl. Tengku HM Daud Beureuh no. 177A Lampriet, Banda Aceh 23126 Tel. 0651-635189 0651-635190 Fax 0651-635192 Email [email protected] Or : Wetlands International – Indonesia Programme Jl. A.Yani No. 53 Bogor 16161 Jawa Barat – INDONESIA Tel. 0251-312189 Fax. 0251-325755 Email [email protected]

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TABLE OF CONTENTS

COVER

EDITORIAL BOARD

TABLE OF CONTENT

TABLE OF FIGURES

CHAPTER I INTRODUCTION

A. Preface B. The Followings Are Objectives of The Analysis C. Parameters of Analysis

CHAPTER II Problems Over Managing Marine and Fishery in Nias District

A. General Discriptions B. Fishery and Marine Resources in Nias District. C. Problems over Fishery and Marine Resources in Nias District D. Tsunami and Earthquake and the impacts to Marine and Fishery Re-

sources of Nias District

CHAPTER III Analysis on Policies for The Management of Fishery and Marine Resources in Nias Island of North Sumatera Province

A. Progress in Marine and Fishery Policy B. Analysis at National Level C. Analysis on Policy at North Sumatera Province Level D. Analysis on Policy of Marine and Fishery at Nias District Level

CHAPTER IV Policy Relevance Toward The Sustainable Management of Marine and Fishery Resources Post-Disaster in Nias District of North Su-matera Province CHAPTER V Recommendations to Policy Direction on The Development of Marine and Fishery Resources of Nias Island Reference

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TABLE OF FIGURES

Table 1

Distribution of Regions and Potentials of Indonesian Fishery Resources

Table 2

Problems over Marine and Fishery Sector in Nias District

Table 3

Matrix of Marine and Fishery Policies at National Level

Table 4

Matrix for Policies on Marine and Fishery in N. Sumatera Province

Table 5

Matrix of Policies on Marine and Fishery in Nias

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CHAPTER I

INTRODUCTION

A. Preface

The high-scale Tsunami hit on 26 December 2004 in Nanggroe Aceh Darussalam and on 28 March, 2005 in Nias Island have heavily devastated coastal areas of both provinc-es. The tragedy did not only ruin infrastructures, settlements, and public facilities but also took away hundreds of thousands of human’s lives and destroyed wide-range coastal ecosystems, for instance: sea-water intrusion and muddy sediment over the vast areas, destruction of coral reef and varied coastal vegetations, shifts of coastline and wetland morphology. These biophysical devastations, in turn, are leading to social, eco-nomic, and cultural unrests. Rehabilitating and reconstructing the ravaged areas are not straightforward and short-time efforts, on the other hand, they call for strong commitment of multi sides, well-thought and precise planning and designing, and definitely a great deal of investment. The works ask for long period and, during implementation, both studies and assess-ments of multi dimensional aspects incorporating social, economic, cultural, environ-mental, ecological, etc. that altogether integrated in planning and implementation. One amongst the marine and fishery rehabilitation and reconstruction projects is the Green Coast Project. It is organized as joint project with WWF, Wetlands Internation-al, both ENDs and IUCN, while financial sponsorship run by n(o)vib. The project aims at protecting the uniqueness of coastal ecosystem and improving income of the coastal villagers. The main target is to recover coastal ecological functions and to provide sus-tainable income sources for the local villagers struck by the tragedy. The project’s out-puts are to get coastal areas rehabilitated; new or renewed income sources accessible; community’s means of livelihood (mainly fishery and ecotourism) re-established, re-newable resources through coastal communities’ participative focusing on planning and women’s roles become useable. The executing of marine and fishery rehabilitating and constructing efforts unavoidably require far-reaching appraisals, either on national or local/regional level. The full as-sessments will uncover whether or not the existing policies have been enough accom-modating to regulate the efforts, or additional policies required.

B. The Followings are Objectives of the Analysis

1. To analyze centrally and locally governmental policies relating to the managing of marine and fishery resources;

2. To evaluate the relevance or relation amongst policies established by the central government and the Nias District Government for the marine and fishery resources condition post-Tsunami.

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C. Parameter of Analysis

The analysis narrowed to the following parameters: 1. If the policy put conservation issues forward; 2. If the local governments hold authority to develop the marine and fishery re-

sources; 3. If the policies recognize local community’s rights in developing the resources

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CHAPTER II

PROBLEMS OVER MANAGING MARINE AND FISHERY

IN NIAS DISTRICT

A. General Description

Island of Nias is only one amongst group of islands stretching in a parallel row off the shore of West Sumatera, and is the largest one. Geographycally, the district is posi-tioned in between 0º12’-1º32’ N and 97º-98º E on top of a height of 0-800 m above the sea. It borders on Pulau Banyak in north, NAD Province in south, Pulau Mursala of Central Tapanuli District in east, and the Indonesian Ocean in West. Nias District cov-ers an area of 3,495.39 km² or equal to 4.88% of to N. Sumatera size (Nias dalam Ang-

ka or Nias in Figures, 2006).1 Administratively it joins N. Sumatera Province. Formerly, in 2003, it was only one dis-trict before splitting into N. Nias with Gunung Sitoli as the capital city and S. Nias2 with Teluk Dalam as the capital city. Nias is composed of 32 sub-districts, and 439 villages. North Nias population post-the earthquake and Tsunami, according to 2005 N. Sumate-ra Statistics Agency, was 441,733 people (81,242 families) with a density 126 people/km². Based on Nias in Figures (2006), the rate of population growth was 1.36%. Highest population density was found in Gunung Sitoli (466 people/km²), while the lowest was in N. Lahewa sub-district (43 people/km².)3.

B. Fishery and Marine Resources of Nias District

Coastal and marine resources of Nias Island are made of renewable resources, non-renewable resources, and environmental services. The renewable resources contain var-ious kinds of fish and shrimps, seaweed, and coast-culture and marine-culture activities; the non-renewable resources include assorted kinds of minerals, petroleum oil and natu-ral gas; and the environmental services comprise tourism and transportation including any valueables contained in.

Nias Island has much derived benefit from its strategic position because it is facing In-dian Ocean that noted as the most productive region for fishery development (See Table 1)4.

1 The Attachment of Bupati Decree of Nias district about Strategic Plan of Coral Reef in Nias District 2007-2011, page 4 2 S.Nias Districtm is established based on Indonesian Republic Law No. 9/2003 dated on 25 February 2003 3 Ibid, page 3

4 Centre of Information and Data of ministry of marine affairs and fisheries, 2005. Departemen Kelautan

dan perikanan dalam angka or ministry of marine affairs and fisheries in figures 2005

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Table 1: Distribution of Regions and Potentials of Indonesian Fishery Resources

Source : Centre of Information and Data of ministry of marine affairs and fisheries, 2005. Departmen Kelau-

tan dan perikanan dalam angka or ministry of marine affairs and fisheries in figures 2005. Note: Unit used is tonnes/year Note: 1. Mallaca Straits, 2. S.China Sea, 3. Java Sea, 4. Makassar Straits and Flores Sea, 5. Banda Sea, 6. Seram Sea and Bay of Tomini, 7. Sulawesi Sea and Pacific Ocean, 8. Arafura Sea, 9. Indian Ocean

It reported that North Nias’s fish production in 2005 was 5,070.34 tonnes; 99.63% was saltwater fish and 18.95% was freshwater fish (rivers, swamps, and ponds). In 2004, the fish production mounted up 17,336 tonnes, which were 99.79% and 0.2% saltwater and freshwater respectively. Knocking down of fishing facilities, equipments and fishing areas, is responsible for decreasing amount of fish captured by local fisherman. Such condition has directly caused reduced income of fishermen near the naturally destroyed areas5 Assorted fishes mainly brought to the land include small pelagis such as kembung (Ra-

strelliger sp), japuh (Dussumeria acuta), tembang (Sadinellla fibriata), tenggiri (Scom-

beromorus commersonili), teri (Stolephorous sp), and alu-alu (sphyraena sp). Also found demersal fish such as kakap (lates calcarifer), ekor kuning (Caesino erythrogsa-

ter), and kerapu (Epinephalus tauvina).6

5 Ministry for National Development Planning. 2007-2009 Action, and Rehabilitation and

Reconstruction of Areas in Nias Island of N. Sumatera Province Post-Quake on 28 March 2005 Plan. 6 Marine Affairs and fisheries agency of North Sumatera Province. 2007. Profile of Marine and Fishery

of N. Sumatera Province, pg.145. .

Group of Re-

sources

Regions of Fishery Development Indonesian

Waters

1 2 3 4 5 6 7 8 9

Big Pelagis Fish Potency (10 3 ton/ year ) 27.67 66.08 55 193.6 104.1 106.5 175.3 50.86 386.26 1165.36

Small Pelagis

fish Potency (10 3 ton/ year ) 147.3 621.5 340 605.4 132 379.4 384.8 468.7 526.57 3605.66

Demersal fish Potency (10 3 ton/ year ) 82.4 334.8 375.2 87.2 9.32 83.84 54.86 202.3 135.13 1365.09

Edible Karang fish Potency (10 3 ton/ year ) 5 21.57 9.5 34.1 32.1 12.5 14.5 3.1 12.88 145.25

Penaid shrimp Potency (10 3 ton/ year ) 11.4 10 11.4 4.8 0 0.9 2.5 43.1 10.7 94.8

Lobster Potency (10 3 ton/ year ) 0.4 0.4 0.5 0.7 0.4 0.3 0.4 0.1 1.6 4.8

Squid Potency (10 3 ton/year) 1.86 2.7 5.04 3.88 0.05 7.13 0.45 3.39 3.75 28.25

Potency (10 3

tonnes/year) 276 1057.1 796.6 929.7 278 590.6 632.7 771.6 1076.9 6409.21

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Other than fish, Nias’s sea has coral reefs ecosystem that categorized fringing reef. The reefs stretch out from the edge of the island to a depth of 15-20 m. In northern of Nias district, distribution of coral found near Tanjung Sigine-Gini, Gosong Uma, Tanjung Lingga, Tanjung Toyolawa, and Tanjung Sosilutte, while coastal vegetations consist of mangrove trees, coconuts and padang lamun, and also coral reefs that spread out in al-most all island of Nias District. According to coral reef investigation, training and information center, CRITIC (2004), Nias has about 3,961 hectares of coral reefs that the largest part takes place in Lahewa sub-district with a size of 1,250 hectares.7

C. Problems over Fishery and Marine Resources in Nias District

There are three models of coastal and marine management, that is, conservation; eco-nomic interest; and a combination model of the two. When it comes down to it, man-agement of coastal and sea has always put more emphasis on economic purposes rather than the protection aspect.

Natural destructions having effects on sea ecosystem or other ecosystems definitely dri-ven by several factors, but generally there are only two predominant factors, i.e. eco-nomic driven and policy failure.8 Comparable features also occurred in Nias earlier than the Tsunami; the resources exploited over its capacity, in consequence, either the rate or intensity of the destruction has directly implicated to significantly quality decrease of fishery habitats and coastal aesthetic9. In the same way, pollution and sedimentation have become serious threats to the areas that ultimately multiply in more degrading coastal ecosystem. These all impacts show a relationship to decreasing revenue of local residents.

Such problem is very common in coastal areas across the country including Nias dis-trict, but only small efforts done to restore the existing devastations. As an archipelago with the whole potency and treasures contained in, the nation has not made the best of

7 The Attachment of Bupati Decree of Nias district about Strategic Plan of Coral Reef Management in

Nias District 2007-2011. 8 Akmad Fauzi , Policy on Marine and Fishery; Issue, Sinthesys and Concept, Gramedia Pustaka

Utama Jakarta , 2005 pg.43 9 In theory, there are two forms of regulations in managing marine and fishery resources, i.e. open

access and controlled access regulation. Open access is regulation that permits fishermen to fish and exploit biodiversity any where and any time, no matter how much it is and what kind of device being used. This regulation is much like “law of the jungle” or “free market”. Empirically, this regulation causes negative impacts such as tragedy of common either damage on marine and fishery resources or conflict amongst fishermen. The controlled access regulation is controlled regulations that can be (1) input restriction, i.e. to restrict number of actors, type of boats, types of fishing devices; (2) output re-

striction i.e. to restrict amount of fishing crops by quota. One of the formulations of input restriction is territorial use right that puts high emphasis on fishing right in certain region with exact jurisdiction. Fishing right system allows the fishing-right holder to conduct fishing activity in a certain area while those without fishing right are not permitted to operate in that area. This regulation also manages schedule and device of fishing that appropriate for operating. A system that leads to parceling of sea places protection to the importance of weak fishermen operating in the neighborhood of coastal areas and to the importance of natural resources conservation. Law No. 11/2006 regulating the jurisdiction of provincial sea (12 miles) and district/municipal (4 miles/one-third of the provincial jurisdiction) ju-risdiction of provincial sea (12 miles) and district/municipal (4 miles/one-third of the provincial juris-diction) indicates that this law product adopted the sea parceling concept. That concept is an instru-ment of controlled access regulation in territorial use right. Law No.32/2004 is, basically, an entry

point to the implementation of territorial use right.

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its supporting policies. The management of marine and fishery resources done half-heartedly and, in general, remains critical condition.

In deeper watching, all this time marine and fishery management has performed some features, namely:

a. Terrestrial-oriented: the management has disregarded local rights in designating sea protection areas and coastal reclamation;

b. Unaware-dependence: the management has ignored relationship between the natives and local natural resources that regulated in local laws; and

c. Exploitation-focused: the management has exacerbated both quality and quantity of the local resources.

Management problems over marine and fishery resources are not only limited to issues discussed earlier but are very complicated. Extensive identification by numerous parties found that management dilemmas of marine and fishery taking place in Nias divided into three subject matters, i.e. economy, social and institution, and environment (See Table 2).

Table 2 Problems over Marine and Fishery Sector in Nias District

No Issue Problem

1 Economy � Poverty � In general, traditional fishermen naturally develop and per-

form fishing activity according to their expertise and natu-ral feelings passed on for generations.

2 Social and institu-

tion

� Sea and coastal spatial conflicts

� Clashes among fishermen (traditional and modern fisher-men)

� Overlapping authority as well as exploitation permits of coastal areas and sea management

� Undeveloped maritime tourism � Lack of public and fishery facilities � Lower govt.’s institutional capacity � Fish stealing by foreign fishermen � Investors show reluctance to go into Nias � Inoperative TPIs � Inactive fisherman cooperatives

3 Environment � Ecosystem destruction of mangrove and coral reefs � Use of ecologically unaware fishing equipments, bomb,

and cianide � Sedimentation and sea abrasion � Sea pollution by domestic and ships waste

Source: Pusat Pengkajian dan Pengembangan Masyarakat Nelayan (P3MN), 2008. Or Research and Empowerment Center of Fisher Community. 2008

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D. Tsunami and Earthquake and the Impacts to Marine and Fishery Resources of

Nias District

Tsunami tragedy on 26 December 2004 and an earthquake on 28 March 2005 have tak-en lives of 784 people and injured 1,496 people. The quake caused 73,934 people refu-gees across Nias District. In S. Nias District, some 182 people died, and 3,636 people wounded. The calamities have left Nias major detriments in all sectors i.e. housing and settlement, infrastructure, productive economy, social culture, and so on (Satkorlak Da-

ta, 29 July 2005).10 To marine and coastal environment sector of Nias District, such natural disaster has given rise to unbelievable devastation that had happened previously.

The Ministry of Environment affirmed negative impacts on coastal regions and the seas of NAD Province and Nias District down to the Tsunami as follows:

� Coast and seas polluted, including surface and ground water; coastlines shifted; � Natural protection (mangrove forests) guarding immediate areas from wave and

wind and also as spawning, nursery and feeding grounds for countless marine creatures counting fish lost;

� Fish resources and coastal species (potential biodiversity) lost or significantly decreased;

� Both wetland and artificial ecosystems (i.e. cultivation, seaport, and local resi-dence that significantly contribute to the local economy) poorly damaged.

According to the BRR, Tsunami has generated mangrove forest destruction up to 174,590 ha, coral reef in so far as 19,000 ha, and coastal forest as many as 50,000 ha. In the meantime, Suryadiputra from Wetland International in 2005 claimed that Tsunami took place on wetlands in the NAD province (in particular, those located in south west, north west, and north coasts of Aceh), was greatly responsible for shifts of formation, size, water quality, and basic substratum. For instance, swamplands such rice fields, freshwater swamps, or ponds that were deep and purely freshwater has changed into shallow with deep mud on top and salty, and got contaminated with both organic and inorganic pollutants. Swamplands that formerly were narrow have changed into salty, wider lagoons.11

Upturned occurrence took place in Seumeulue Island. The land presumably has lost 25,000 ha its swamplands as it has lifted between 1 and 1.5 m. Consequently, its coastlines gotten reduced, lots of mangrove trees died in dried out as the basic sub-strata no longer touch the water thus they become hard as cemented12. Very similar condition has transpired in Nias Island such as in Lahewa, Toyolawa, and Lafau. Meanwhile, in Onolimbu some parts of the landmass have come down.

Recovering both natural resources and social economic structure after the devastating disaster through a rehabilitation and reconstruction process not be parted from dilem-

10 2007-2009 Action, Rehabilitation and Reconstruction of Areas in Nias islands of N. Sumatera

Province Post-Quake on 28 March 2005 Plan 11 Suryadiputra, I N. N. 2006. The Assessment of Environment Condition Post Tsunamy in Some Loca-

tion in Aceh Province or Kajian Kondisi Lingkungan Pasca Tsunami di Beberapa Lokasi Nanggroe

Aceh Darussalam dan Nias. Wetlands International – Indonesia Programme. Bogor. Page. 60 12 Ibid, page l 21

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mas. In general, there are several issues and limitations in implementing the rehabilita-tion and reconstruction in Nias islands13, i.e.:

1. Poverty, lower welfare, and human resource capacity; the condition is aggra-vated with very limited structure and infrastructure for land, sea, air transporta-tions thus many investors have been unenthusiastic to enter the area;

2. Lack of fishing facilities, and underdeveloped maritime tourism potency; as ma-ritime region with many smaller islands, Nias is far from a developing city as well as its maritime tourism potency. Not having enough fishing facilities has made its capture fishing enterprise and fish farming weak. On the other hand, il-legal fishing by foreign ships frequently happens. Nias islands’ beacheas are threatened by abrasion and sea-water intrusion, the coral reefs due to destructive fishing instruments are in high-scale damage, natural, decorating fishes living in coral reefs are endangered due to illegal fishing, and mangrove forests destruc-tion;

3. Land-tenurial disputes post Tsunami; 4. Less market access to and fro Nias islands causes unreasonable price for local

commodities; 5. Poor quality and shortage of construction materials leads to high-cost activity as

well as less participation of local people in the rehabilitation and reconstruction development;

6. Less optimum coordination in recovering actions amongst the related stakehold-ers ends in duplication and discrepancy;

7. Lack of expertise during post-harvest (marketing, processing, etc) makes prices of agricultural products of Nias islands lower.

Point 1 and 2 are spesifically relating to problems over marine and fishery; they are already there longer before the quake and tsunami hit the island.

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Op.cit, page 47

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CHAPTER III

ANALYSIS ON POLICIES FOR THE MANAGEMENT OF

FISHERY AND MARINE RESOURCES IN NIAS ISLAND OF

NORTH SUMATERA PROVINCE

A. Progress in Marine and Fishery Policy

During the Dutch colonialism age14 and old order regime, a number of policies regulat-ing marine and fishery sectors launched, but the impetus for the national level was right behind the United Nations Convention on the Law of the Sea No.82/1982 or better known as UNCLOS declaration dated on 10 December 1982. The Indonesian Govt. gave its approval on 31 Dec. 1985 through Law No.17/1985. One year following the convention, the Indonesian Government released Law No.5/1983 on Indonesia Exclu-sive Economic Zone. Two years afterward, it released one more rule Law No.9/1985 on Fishery, another time Law No.5/1990 on Natural Bio-Resources and the Ecosystem, and Law No.6/1996 on Indonesian Waters.

Earlier than UNCLOS, the nation already had regulation on Fishery policed in Law No.5/1960 on Basics Regulation of Agrarian Affairs; Article 47 verse 2. The verse touched on the problem of rights to maintaining and fish catching. Nevertheless, the Law was unsuccessful to become basic consideration in decision making for marine and fishery management. It canbe presumed that since the UNCLOS’s launching many na-tional policies on marine and fishery sector had started by new-order government. Un-fortunately, at that point in time this sector was still under Agriculture Dept., and as a consequence, most of the released policies, in particular those for sub-fishery that only issued at presidential and ministrial level.

In reform era, particularly in the course of President Abdurrahman Wahid’s (or Gus Dur) rule, marine exploration department was established; later on it changed into ma-rine and fishery department. Its founding had recorded a new history to entirety of the national development through separating the sector from the agricultural. Since its es-tablishment, central govt. through Minister of Marine and Fishery (during Rokhmin Da-huri was in office) standing the sector as the major national development activator.

Nevertheless, its presence does not automatically cause authory of other related agen-cies to vanish for the reason that the sea considered by several facets, among which are, territorial region, ecosystem, communications, and natural resources and aesthetic.

As territorial region, Indonesia, geographically surrounded by two continents and two oceans, is highly prone to sovereignty threats. Defending its sea for the wholeness of the Indonesian Republic territory is an archipelago concept15. Indonesian military, in partic-ular, the Naval, has played very important role to make Indonesian territory intact.

14 There were a number of policies on fishery sector during occupation of Dutch Colonialist, among

which are Ordonnantie dated on 29 April 1916 (staatsblad 1916-157). It contained prohibition on pearl huntings. Law of Ordonannatie on 29 April 1927 (staasblad 1927-144), in general, contained banning on fishings (Wirjono Prodjodikoro, 1991, page 42).

15 “Wawasan Nusantara” or the Archipelago Concept firstly introduced by PM. Djuanda on 13 Desemb-er 1957. It decided that Indonesia as a unitary state. The concept then well known as Deklarasi

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In the ecology point of view, sea contains various resources both energy and mineral, and biodiversity. These all potentials mutually managed among sectors of different de-partments. Implications of these different viewpoints have initiated a number of policies regulating the sea.

B. Analysis at National Level

In analyzing policies16 relating to marine and its fishery resources in Nias Ditrict of N. Sumatera Province, investigating associated policies at national level must come first, and to be followed with provincial level, and district level. Afterward, investigating re-levance amongst the released policies, the step finds out significance between central policies and district policies that designed for marine and fishery resources development post Tsunami and the quake.

The following list is a number of central policies significant to managing and utilizing sea and fishery resources.

1. Law No.5/1960 on Basic Regulations of Agrarian Affairs; 2. Law No 16/1964 Fishery Joint Venture; 3. Law No.11/1967 on Basic Regulations of Mining; 4. Law No.8/1971 on State Oil Mining or Pertamina; 5. Law No.1/1973 on Indonesian Self Continent; 6. Law No.3/2002 on State Defense; 7. Law No.5/1983 on Indonesian Exclusive Economic Zone 8. Law No.5/1985 on Industry; 9. Law No.5/1990 on Conservation Bio-resources and the Ecosystem; 10. Law No.9/1990 on Tourism; 11. Law No.21/1992 on Shipping; 12. Law No.24/1992 on Spatial Planning; 13. Law No.5/1994 on United Nation Convention of the Biodiversity; 14. Law No.6/1996 on Indonesian Waters; 15. Law No.23/1997 on Environmental Management; 16. Law No.41/1999 amended by Law No. 19/2004 on Forestry; 17. Law No.31/ 2004 on Fishery; (Revision of Law No.9/ 1985 on Fishery); 18. Law No.32/ 2004 on Regional Governance; 19. Law No.26/2007 on Spatial Planning ; 20. Law No.27/2007 on Development of Coastal Areas and Small Islands; 21. PP (Governmental Regulation) No. 15/1984 on Management Biodiversity Re-

sources in Indonesian Exclusive Economic Zone;

Djuanda or Declaration of Djuanda and obtained international acknowledgement of International Sea Convention.

16 Framework applied to analyze and to comprehend the authentic of a public policy is by viewing the policy as a system of law. System of law is made of

a. content of law, that is description or explanation of a policy that poured out in form of legislations, regulations, and governmental regulations;

b. structure of law, that is every part of institutional apparatus and executives of the prevailing content of law; and

c. culture of law, that includes perception, understanding and acceptance attitude, practices, and inter-pretation toward two aspects, i.e.content and structure of law. Also society’s opinion to content and structure of the law (Roem Topatimasang, 2000)

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22. PP No.15/1990 on Fishery Enterprise and PP No.46/1993 on Amendment of PP No.15/1990 and PP No.141/2000 on Second Amendment of PP No.15/1990 on Fishery Enterprise;

23. PP No. 68/1998 on Nature Preserves and Conservation Areas; 24. PP No. 19/1999 on Pollution Control and/or Sea Destruction; 25. PP No. 25/2000 on Authority of Central Govt. and Provincial Govt. as Auto-

nomous Region; 26. PP No. 82/2001 on Water Quality Treatment and its Pollution Control; 27. PP No. 54/2002 on Fishery Enterprise; 28. PP No. 26/2008 on National Spatial Planning; 29. Keppres (Presidential Decree) No.39/1980 on Prohibition of Using Trawl; 30. Keppres No. 32/1990 on Management of Protection Areas; 31. Keppres No. 33/2002 on Sea Sand Control and Surveillance; 32. Ministerial Decree of Agriculture No.01/Kpts / Um /1 / 975 on Establishing of

Sustainability of Assets within the Indonesian Fishery Resources; 33. Ministerial Decree of Agriculture No.473a/KPts/IK.250/6/1985 on Permitted

Quota of Capturing within Indonesian Exclusive Economic Zone; 34. Ministerial Decree of Agriculture No.475/Kpts/IK.120/7/1985 on Permits to

Foreign Individual or Legal Entity to Fishing within Indonesian Exclusive Eco-nomic Zone;

35. Ministerial Decree of Agriculture No.476/Kpts/IK.120/1985 on Designated Re-porting Locations for Ships Permitted to Fishing within Indonesian Exclusive Economic Zone;

36. Ministerial Decree of Agriculture No.477/Kpts/IK.120./7/1988 on Revision on Taxes of Fishing to Foreign Individual or Legal Entity Fishing in Indonesian Exclusive Economic Zone;

37. Ministerial Decree of Agriculture No.277/Kpts.IK.120/5/1987 on Permits of Captured Fishing Enterprises in Indonesian Waters and Exclusive Economic Zone;

38. Ministerial Decree of Agriculture No.816/Kpts/IK.120/11/1990 on Fishery En-terprises Permits;

39. Ministerial Decree of Environment No 45/1996 on Sustainable Coastal Pro-gram;

40. Ministerial Decree of Agriculture No.392/Kpts/IK.120/4/99 on Fishing Routes; 41. Ministerial Decree of Marine and Fishery No.41/Men/ 2000 on Directive for

Management of Small islands that Sustainable and Community-based; 42. Ministerial Decree of Environment No. 04/2001 on Standardized Criteria of

Coral Reef Destruction; 43. Ministerial Decree of Marine and Fishery No.58/Men/2001 on Guidance of

Community Monitoring System in Marine and Fishery Resources Management and Utilization;

44. Ministerial Decree of Marine and Fishery No.02 /Men/2002 on Fishing Monitor-ing Guidance;

45. Ministerial Decree of Marine and Fishery No.33/Men/2002 on Zone Division of Coastal areas and Sea for Sea-sand Enterprises

46. Ministerial Decree of Marine and Fishery No.34/Men/2002 on Coastal and Small Islands Spatial Planning Guidance;

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47. Ministerial Decree of Environment No.201/2004 on Basic Criteria and Guidance of Mangrove Destruction Specification

Brief commentary on the above laws as well as other related legislation reglations see table 3. Matrix of Marine and Fishery Policies at National Level.

The more the regulations the more related departments or instances to have authority over this sector, among which are: � Ministry of Marine Affairs and Fisheries It is specifically in charge of administering issues over coastal areas and small islands,

captured fishing, and fish farm. � Ministry of Transportation It has authority to oversee matters pertaining to port authorities and harbor masters. � Ministry of Forestry It has authority to supervise matters pertaining to conservation of sea parks, man-

grove forests, and marine organisms. � Ministry of Environment It has authority to control marine pollution � Technology Development and Planning Board or BPPT and National Aerospace In-

stitute (LAPAN) These two scientific institutions are in charge of organizing marine resources inven-

tory. � Indonesian Academy of Sciences or LIPI It has responsibility to handle programs relating to rehabilitation and management of

coral reefs. � Satuan Polisi Air dan Udara (Satpol Airud) or Air and Water Police Force

It has authority to perform investigation on violation or crimes taking place on the sea

� National Armed Forces- Naval The institution holds authority to provide protection or defense for national affairs in

sea and territorial security. � Provincial Government It is in charge of managing marine and its resources within the radius of 12 miles. � District/municipal government It is in charge of managing marine and its resources within the radius of 4 miles. � Ministry of Industry It is a department with authority to administer export and import of marine products. � Ministry of Energy and Mineral Resources It takes charge of exploration and exploitation of mineral resources underneath the

Sea � Ministry of Culture and Tourism It takes charge of managing maritime tourism in coastal regions and the sea. � Ministry of Agriculture Before the establishment of Dept. of Marine and Fishery, it took charge of all author-

ities to manage the coastal areas and the sea. A policy in marine and fishery sector generates wide impacts among community and the environmental continued existence. One of the community components that immediate-

16

ly subjected to the impacts is the fishermen, for instance, the release of Keppres No.39/1980 on Prohibition of Trawl Use. However, the policy has remained deep and heated discussions at the heart of legal, ecological, social, and political viewpoints. Based on legal aspect, the policy is debatable seeing that its position within the law structure considered very weak, moreover with the establihement of Law No.9/1985 on Fishery that then amended to turn into Law No. 31/2004. In practice, in many cases the fishermen have encountered disagreements due to overlapping regulations and authori-ties. Still about implementation of regulation on trawl use, sometimes when Air and wa-ter Police Force (Satpol Airud) takes actions, the Naval does too. Many times both of them have shifted the responsibility. Besides demonstrate vagueness to fishery problem solving, the negative impacts also implicate to investment atmosphere because they will involve a long red tape and high-cost expense. As indicated by local perception, the cur-rent regulations all this time time have shown law ambiguity. Many times sea crime cases have not touched the court since none of the policies relevant as foundation. Derived from identification on policies and legislation regulations at national level as well as conventions regulating the management of sea and coastal space, it is found that there are potential, crucial dilemmas on legal aspect, namely: (1) overlapping and dis-harmony of policies. (2) conflicts between national laws and customary or adat laws; The example of overlapping policies having power over protection and conservation areas include Law No. No.41/1999 on Forestry, Law No. 5/1990 on Conservation of Natural Resources and the Ecosystem, and Keppres No.32 on Protection Areas Man-agement. While, conflicts between national laws and customary or adat laws, for in-stance permanent status or tenure of coastal natural resources. In Law No.6/1996 on In-donesian Waters, Article 4 stated that natural resources of coastal areas and sea substan-tially belong to state property. In contrast, in several coastal areas in NAD Province, its Hukom Adat Laot claims natural resources contained in the waters as their community

property as per customary or adat laws having existed long before the state of Indone-sian Republic founded. Other than two dilemmas discussed above is that the current regulations, in general, have more controlled over permits, prohibition, and retribution or more about economic matters rather than environmental sustainability aspect. That divergence of considera-tions among conservational values and resources sustainability, and economic impor-tances exists and is one-sided. It is without a doubt that there are a number of regulations to administer the importance of conservation. For example Law No.5/1990 on Bio-resources and the Ecosystem Con-servation, Law No.23/1999 on Management of Environment, Law No.31/2004 on Fi-shery, Law No.32/2004 on Regional Governance, PP No.69/1998 on Nature Preserves and Conservation Areas, PP No.7/1999 on Preservation of Plants and Animal Species, and PP No.8/1999 on Utilization of Plants and Animal Species. Other regulations such as Joint Ministerial Decree of Agriculture and Forestry KB.550/264/Kpts/4/1984 and No.082/Kpts-II/1984 on 30 April 1984 stated that width of mangrove forests functioning as green belts is 200 meters. The joint decree then ex-

17

plained in simple terms by the Dept.of Forestry through a circular No.507/IV-BPHH/1990 that standardize the green belt thickness for mangrove forest as 200 meters along coastline and 50 meters along river. The decree also fortified with a Presidential Decree or Keppres No.32/ 1990 on Protection Areas Management. The Keppres in-structs that coastlines protection aimed at protecting the coastal areas from any activity potentially damaging conservational functions of the coast. The Keppres regulates crite-ria for coastal border; it is terrain along the edges where its thickness proportional to the shape and condition of the coast; i.e. as a minimum 100 meters from the spring tide point on the land. Ecologically, it also recommended that green-belt thickness near coastal areas with mangrove forests as a minimum 130 multiplied by average difference of the annual highest and the annual lowest spring tides. For instance, in a coastal area with mangrove forests, average difference of between annual highest and lowest spring tides is 1.5 m, therefore the width or thickness of green belt shall be maintained is 130 m X 1.5 m = 195 m 17. Prior to the regulation issued, many mangrove areas converted into large-scale fish-ponds. Development of the enterprise closely related to agriculture ministrial decree No.344.KPts/IK.210/6/1986 on Develepment of Shrimps through Pola Tambak Inti Ra-

kyat (TIR); it has opened wide opportunity to develop shrimps by applying intensifica-tion and extensification systems. Govt. itself still manages to get huge foreign exchanges from shrimps farming. Through a program called Protekan, a Fishery Export Development Program launched in 2003. The govt. achieved income as much as US$ 10,000,000,000. Some US$ 6.78 billion of the fantastic number contributed from shrimp export with a calculation that in 2003 shrimps export increased from 50,000 tonnes to 677,800 tonnes. Therefore, govt. planned to undertake pond intensification method in 17 provinces and land expansion in 25 provinces. Implementation of intensification method needed large investors. Huge locations for ponds concentrated in Sumatera18. Until 1997, size of available ponds was 421,510 ha with land utilization rate of 39,785 ha. Based on Directorate General of Fi-shery (1998), there were around 1,211,309 ha new fishponds to be developed on man-grove forested land. Average increase of fishponds’s extent in Indonesia is roughly 3.7%19. As per data reported by Dept. of Marine and Fishery, until 2005 total extent of fish-ponds across the country has been 800,000 ha with an annually average increase of 14%. This figure excludes areas used for plantation and industry. It is no surprising that in last one decade, some 60% of total Indonesia’s mangrove forested land had gone. In some coastal regions, the rate of mangrove forested land destruction has reached 90%. Far-reaching watching found that a lot of land opening for developing ponds often refuse to comply with AMDAL guidelines (analysis on environmental impacts). In fact, fish farm is one of types of economic enterprise conditional on AMDAL analysis as

17 See, Pengenalan Pengelolaan Ekosisitem Mangrove, DietrichBegen,PKSPL,IPB,Bogor, 2000,page

48-49 18 Tambak Udang Antara Harapan dan Ancaman, Kompas, 23 August, 2000,page 14. 19 See : Shrimp Behind the Mangroves or Udang Dibalik Mangrove can accessed at www.dephut.go.id.

18

stated by Supplement of Ministerial Decree of Environment No.17/2001 on Business Enterprise and/or Activity subject to Analysis on Environmental Impacts. Furthermore, the importance of community partaking in managing marine resources and fishery regulated in only few policies. For instance, Law No.23/1997 on Management of Environment, Law No.5/1990 on Conservation of Bio-resources and the Ecosystem, Law No.31/2004 on Fishery, Law No.32/2004 on Regional Governance, and Law No.27/2007 on Development of Coastal Areas and Small islands. The last two laws as-sign particular articles to regulate the economic empowerment of fishermen. There are two of those released laws recognized as momentum to the development of marine and fishery, i.e. Law No.31/2004 on Fishery and Law No.27/2007 on Develop-ment of Coastal Areas and Small islands. Publication of both laws makes some other marine-and-fishery-related regulations irrelevant. These laws play a role as filler to an emptiness of law or an unavailability of regulation on management of marine resources and fishery all this time. These laws have placed marine and fishery sector in a strategic position in the national development, and made it major reference to policy making related to marine and fi-shery either local level or national. However, both laws still need to be critized regarding some issues, i.e. Firstly, Law No.31/2004: from forming process to its launching have less accommo-dated stakeholders of marine and fishery field. It is shown with few public consultation and representatives of fishermen. Thus, the law is less known mainly among the fisher-men. Looking at its substance, the law gives priority to economic interests that con-firmed with many articles to regulate fishery enterprise and fishery permits. One more weak point is not having firmness for trawl use prohibition. In addition, articles organiz-ing the empowering of fishermen are not many. The law gives ambiguous definition for fisherman20, very much concerned that it will end in varied interpretations, mostly in field implementation. But, its conservation perspective seems to be excellent as it con-tains articles firmly regulating the introduction of genetic engineering, medications and alike that potentially endanger the survival of fish resources. The establishment of Law No.31/2004 has terminated the legalization of other laws and regulations. For instance, Law No.9/1985 on Fishery (1985 Indonesian Govt.Official Gazette No.46, Additional Govt.Official Gazette No.3299), and regulations on fine pu-nishment in Article 16 verse 1 of Law No.5/1983 on Indonsian Exclusive Economic Zone (1983 Indonesian Govt.Official Gazette No.44, Additional Govt.Official Gazette No.3260), in particular, those relating to criminal cases in fishery are stated expired.

20 In Governmental Regulation No.141/1999 on Fishery Enterprise, government has defined fisherman, in general speaking, as an individual whose livelihood is to fish farm. In contrast, in Law No. 31/2004 on Fishery, the government specifically gave explaination on small-scale fisherman as individual whose live-lihood, to meet his daily needs, is fishing.

19

Additionally, a number of policies as derivative of technical implementation of Law No.9/1985 on Fishery (old) automatically needs adjustments (withdrawn or revised) to adhere to the new Law, among which are:

� PP No.15/1990 on Fishery Enterprise, PP No.46/1993 on Amendment of PP No.15/1990, and PP No.141/2000 on second Amendment of PP No.15/1990

� Regulation on fine punishment in Article 16 verse 1 of Law No.5/1983 on Indonesian Exclusive Economic Zone (has terminated in reference to Chap-ter: Final Decision with article 110).

� Ministerial Decree of Agriculture No.473a/KPts/IK.250/6/1985 on Permitted Quota of Captured Fish within the Indonesian Exclusive Economic Zone.

� Ministerial Decree of Agriculture No.475/Kpts/IK.120/7/1985 on Permits for Foreign People/Legalized Entity to Fishing in the Indonesian Exclusive Eco-nomic Zone

� Ministerial Decree of Agriculture No.476/Kpts/IK.120/1985 on Establish-ment of Check Posts for Ships Permitted to Fishing in the Indonesian Exclu-sive Economic Zone

� Ministerial Decree of Agriculture No. 477/Kpts/IK.120./7/1988 on Taxes Al-teration for Foreign People/Legal Entity to Fishing in the Indonesian Exclu-sive Economic Zone

� Ministerial Decree of Agriculture No.277/Kpts.IK.120/5/1987 on Permits for Enterprise in Captured Fishing in the Indonesian Exclusive Economic Zone

� Ministerial Decree of Agriculture No.816/Kpts/IK.120/11/1990 on Permits for Fishery Enterprise

� Ministerial Decree of Agriculture No.392/Kpts/IK.120/4/99 on Routes for Fishing

Secondly, critical issues require immediate anticipation respecting the implementation of Law No.27/2007 is about the article regulating release of Hak Penguasaan Perairan

dan Pesisir (HP3) or Rights for Controlling Waters and Coastal Areas. On the one hand, the release of HP3 can minimize impacts of sea as an open access through its mechan-ism to present management right On the contrary, the release is also very potential to drive management conflicts, mainly due to many areas still adopt common property without regulation of adat laws. The common property without basis on traditional or local customs does not have limitation to utilize natural resources, but it does not mean it has no ethics or moral values. It is quite different with community of common proper-

ty since the HP3 precisely strengthens its status as management right holder. Besides HP3, issue on designating of conservation areas that shall obtain approval of minister also needs evaluation. This is very contradictive to spirit of autonomy as it is the author-ity of regional govt. to manage its marine resources. Review to legislation regulation above reveals that the law has given legal mandate, ei-ther directly or not, to 14 development sectors to utilize marine and fishery resources. Activities regulated in the laws are generally by-sector and focused on exploiting par-ticular coastal resources. The legislation regulation dichotomized to control the utiliza-tion of coastal resources, either only in lands or in waters. The 14 sectors include agra-rian, mining, industry, transportation, fishery, agriculture, tourism, conservation, fore-stry, spatial, general works, finance, and local govt.

20

Investigation on its substance found the law, that regulates the utilization of natural re-sources including marine and fishery as explained earlier above, is very attentive to state-based resources management paradigm; putting by-sector approach in the front, and disregarding protection for human rights. Not only such paradigm disregards con-servation importance, but also protection and sustainable functions of natural resources, and customary rights over controlling and managing these resources. Its implication, to economic viewpoint, the law obliterates economic sources of lo-cal/adat community (economic resources loss). To social and cultural perspective, it has evidently destroyed system of science, technology, institution, tradition, and religion of local community (social and cultural loss). To ecological perception, it allows quality destruction and degradation, and quantity loss of natural resources as well (ecological

loss). In addition, to politic of law development, it has disregarded the facts of legal plu-ralism in controlling and utilizing natural sources that actually living and growing with-in the community. And according to law and policy perspective, reflection and adhe-rence of the paradigm as discussed above are observable in substances of legislation regulation pertaining to natural resources In a general speaking, the marine and fishery policies at national level concluded as fol-lows:

1. Still adhere to the resources use-oriented principles or not much recognizing the importance of conservation and sustainable function of natural resources;

2. Lack of consciousness of natural resources limitedness; 3. Have not put high priority to disaster risks; 4. Capital-oriented or take one-sided. This has become threats to the development

of adat/local community’s economic potentials; 5. Adopt state-based resource management, thus it oriented toward a centralized

natural resources management; 6. System of natural resources management using by-sector approach, thus these

resources not seen as an integrated ecological system or ecosystem; 7. By-sector authority and institution have resulted in less coordination or harmo-

nization among sectors; and 8. Do not recognize and provide intact protection to human rights, chiefly the

rights of adat/local community and legal pluralism in controlling and utilizing natural resources.

21

Table 3 Matrix of Marine and Fishery Policies at National Level

Law No. 5/1960 on Basic Regulation of Agrarian Affairs

No Strategic Issue(s) Content Explanation

1 Rehabilitation and conserva-tion of marine and fishery resources

In this Law, no articles explicitly regulate the rehabilitation and conservation of an area, especially coastal and marine areas. Nevertheless, there is one article that slightly refers to it, i.e. Article 14 stated : ‘At aiming Indonesian socialism, the Cen-tral Government arranges such general planning on provision, allocation and use of lands, waters, and space and natural resources contained in developing agricul-ture, farming and fishery production.’

2 Participation of community in managing the resources

In Article 15 clearly stated that land nur-

turing, including fertility replenishment and damage prevention is the obligation of every person, law body, or institution related to the land legally. Thus, land nur-turing is not only the owner or legal li-cense holder’s responsibility, but also every person, law entity, or institution re-lated to the land legally. Every person in this case can be individual or group of people. While group of people includes traditional community.

3 Economy developing of coastal community (livelih-oods)

-

Law No 16/1964 on Fishery Joint Venture



The Law gives an opportunity to the pro-vincial government to arrange regulation that obliged to fishpond owners to main-tain and fix up fishpond irrigation system as well as canals and embankments ex-isted in the fishpond areas.


-


The Law in principle manages fishery production sharing system. It emphasizes on collective interests over fisherman

22

owners and labors as well as fishpond owners. The Law aims at minimizing the exploitation by fisherman owners and fishpond owners to fisherman labors and fishpond labors. The rights of the labors flatly regulated in this Law. As for sea fishery enterprises with sailboats, fish-farm labors will get 75% at minimum while with motorboats at least 40% of the net outcome. As for land fishery enter-prises with pisciculture, fishpond labors get 40% and with wild fish take 60% of the net outcome.

Law No.11/1967 on Basic Regulations of Mining



This Law does not provide regulations on mining rehabilitation and conservation in the coastal and marine zones. It only man-ages technical matters of mining such as: minerals management operation, form and organization of mining company, mining enterprises, mining authority, procedures and prerequisites to apply for mining au-thority, and relation between mining au-thority and land rights.


-


-

Law No. 1/1973 on Indonesian Continental Shelf



This Law stipulates that Indonesian Republic has sovereignty over natural resources on its continental shelf. In exploring, exploiting, scientific studying on the resources, the country is obliged to

preventing seawater pollution as well as the air over it. The Law underlines the strong domination of the government so that no opportunity given to other parties for exploitation and exploration. This could bring negative impacts when on be-half of the state, used to justify coastal and marine developments by sacrificing

23

people or to have collaboration with pri-vate entrepreneurs (covered privatization).


-


-

Law No.5/1983 on Indonesian Exclusive Economic Zone



Nation welfare is achieved by utilizing the entire natural resources provided, either bio or non-bio resources. To cope with the targets, natural resources that located at the sea-base and its underground, also wa-ter spatial over it, measured from the out-erest border i.e. 200 seamiles from Indo-nesia’s maritime point, should be pro-

tected and managed properly, goals-oriented and wisely. The Indonesian Re-public’s rights of Exclusive Economic Zone are wide-scale; however, foreign fishermen use it mostly. in case of Indo-nesia has no sophisticated technology to carry out exploration, exploitation, man-agement, and conservation on its natural resources, foreign boats supported by high technology would drain natural resources in Indonesia Exclusive Economic Zone illegally.


-


-

Law No.5/1990 on Conservation Bio-resources and the Ecosystem



The aims are to actualize bio-resources continuity and the ecosystem balance. One of the activities is life-buffer system protection. The Law stated that life buffer system areas affected by natural damages and/or its uses and other causes are fol-

24

lowed by planned and continuously reha-bilitation efforts. The Law still focuses on

land conservation management, therefore

less attention given to marine conserva-

tion.


The law describes community participa-tion (Article 37) (1) Community participation in bio-resources and the ecosystem conservation is led and motivated by the Government through various usefulness and effective activities (2) To encourage community participation as in verse (1), the Government develops awareness among community on bio-resources and the ecosystem conservation through education and counseling. (3) Further regulations as in verse (1) and (2) arranged into Governmental Regula-tion.


Law No.21/1992 on Shipping



To maintain marine and fishery resources, the Law maker made one special article on prevention and mitigation of ship pol-lution. The Article contains several regu-lations as given below: � Every ship prohibited to dump waste or

other materials if prerequisites unful-filled

� Every operated ship obliged to be equipped by pollution prevention in-struments as part of ship eligible condi-tion

� Every sea captain or ship leader and/or ship crew must prevent environmental pollution from their ships

� Every sea captain or ship leader must control pollution from their ships

� The sea captains or ship leaders must report immediately to the nearest public servants or institution that have the au-thority, about sea pollution caused by

25

their ships or other ships or when they saw sea pollution.

� Owners or ship operators are responsi-ble for pollution from their ships.


-


-

Law No.24/1992 on Spatial Planning



Spatial planning in marine sector not spe-cifically regulated in this Law. The Law manages spatial planning process, spatial use, and spatial use control. Spatial in the Law covers land spatial, sea spatial, and air spatial as a unit area, where human and other creatures live and do their activities as well as maintain their life survival. One of the targets is to achieve high quality spatial use to actualize spatial function protection and to prevent and control neg-ative impacts on the environment.


The Law gives chances to every person to know about spatial planning and to partic-ipate in the process of spatial planning, spatial use, and spatial use control, includ-ing coastal and marine spatial.


-

Law No. 5/1994 on Ratification of UN Convention on Biological Diversity



Convention determines that every nation has obligation to protect and maintain their marine environment. Besides, it also determines that every nation has authority to utilize its natural resources as well as its obligations to protect and sustain ma-rine environment.


-


-

26

Law No.6/1996 on Indonesian Waters



The Law has not protected Indonesian wa-ters yet from foreign ships that made de-struction and waters pollution from land activities carried out by Indonesia or neighbor countries. Nevertheless, the Law protects Indonesian waters from danger-ous and poisoned materials (B3). In addi-tion, it manages rights of crossing route, rights of transit, rights of communication access, waters’ use, management, protec-tion, and preservation. As for natural re-sources in Indonesian waters, their use, management, protection, and preservation carried out based on national and interna-tional laws.


-


-

Law No.23/1997 on Management on Environment



Management on environment conducted along with spatial planning, non-bio re-sources protection, artificial resources protection, bio-resources and the ecosys-

tem conservation, culture preserve, biodi-versity and climate change. The Law also gives obligation to every person to main-tain preservation of environmental func-tions, and prevent and control environ-ment pollution and destruction, including marine environment.


Sustainability of environmental functions is important to people, thus it calls for re-sponsibilities, openness, and community participation, which can be performed through individual, environmental organi-zations, such as NGOs, traditional or adat community, etc. The Law formulates ex-cellent community participation on envi-ronment management as indicated by Ar-

27

ticle 7: ‘Community has the same and wide opportunity to take part in environ-ment management’. Types of participation are to: � Increase community independency, de-

velopment, and partnership; � Develop ability and pionership of the

community; � Develop quick response of the commu-

nity on social monitoring; � Give opinions; � Deliver information and/or reports.


-

Law No.41/1999 amended by Law No. 19/2004 on Forestry

No Strategic Issue(s) Content


Forestry in this Law covers forested land as well as forested coast. Therefore, con-tent of the Law is still relevant to conser-vation and rehabilitation of coastal forests in the coastal areas. It gives obligation to every person for conducting forest reha-bilitation (including coastal forests) in re-gards with protection and conservation. Rehabilitation activities include reforesta-tion and re-plantation. The activities based on specific biophysics condition. In the frame of conservation, the Law prohibits every person to clear-cut within the fo-rests of a distance up to 130 times devia-tion between the highest tide and the low-est tide measured from shoreline. Viola-tion to the Law can be sentenced to jail for 10 (ten) years at the most and fine up to Rp.5, 000,000,000.00 (five billion ru-piahs).


The Law provides space and opportunity to community to get directly involved in forest rehabilitation and conservation (in-cluding coastal forests). In Article 42 ex-plicitly stated that ‘Forest and land reha-bilitation activities mainly focus on parti-cipative approach in order to develop po-tential and community. In rehabilitation,

28

community offered some chances to ask for supervision, service and support from NGOs, other parties or the government.


-

Law No. 36/2000 on Perpu (Regulation Decision) No.1/2000 on Free Trade and Free Harbor

Areas into Law



This Perpu regulates free trade and free harbor areas. It also gives protection to natural resources, including marine and fishery resources. This clearly stated in Article 11 ‘Prohibited materials are not allowed for free trade and free harbor zones.’ In more flatly description, it is mentioned that: quarantine regulation for human, animals, fish and plants for Indo-nesian authority areas are applied to Free Trade and Free Harbor Areas as well.’


-


In this Perpu, no any single article that manages economy developing of coastal community. However, further study on free trade and free harbor zones, certainly gives positive and negative impacts on community economic, specifically coastal community.

Law No. 19/2004 on Perpu (Regulation Decision) No. 1/2004 on Law Amendment No. 41/1999 on

Forestry



Several amendments to Law No.41/1999 and replaced by Law No.19/2004 showed no link to rehabilitation and conservation of marine and fishery resources.



29

Law No.31/ 2004 on Fishery



In regards to fish resources management, it is conducted ecosystem conservation, fish type’s conservation, and fish genetic conservation. In conservation, the Law prohibits every person to: � catch fish and/or nurtured fish using

chemical agents, biology agents, explo-sive, instruments and/or procedures, and/or building that threaten fish re-sources continuity and/or the environ-ment;

� perform activities that caused pollution and/or fish resources and/or the envi-ronment damages;

� nurture fish that could harm fish re-sources, the environment, and/or hu-man health;

� nurture fish using genetic engineering which is dangerous to fish resources, the environment, and/or human health; and

� use chemical agents in nurturing fish that could harm fish resources, the en-vironment, and/or human health.

Violation to the Law can be sentenced be-hind bar between 5 (five) and 10 (ten) years.


Fishery management for fishing and nur-turing should consider traditional laws and/or local wisdoms along with commu-nity participation.


It clearly stipulated that visions and tar-gets of the Law are idealistic and promis-ing. It can be seen in Article 3 that fishery management aims at: - increasing livelihoods of small-scale

fishermen and fish breeding fisher-men;

- increasing state’s budget and income; - accelerating job variety and oppor-

tunities; - increasing provision and consumption

of fish protein; - optimalizing fish resources manage-

Law No.31/2004 gives significant ac-tion to national fi-shery policy devel-opment that has been unorganized all this time. However, the absence of trawling regulation shows that the law actually does not significant-ly give effects to the livelihoods of small-

30

ment; - increasing productivity, quality, addi-

tional values, and competition; - increasing basic materials availability

for fish processing industries; - achieving the optimum fish resources

use, fish breeding areas, and the envi-ronment; and

- giving guarantee on fish resources sustainability, fish nurturing areas, and spatial planning.

The keyword is fishermen welfare and fishery resources sustainability. Re-gretfully, in order to achieve that, the fi-shery management conducted as fishery business, which written in Fishery defini-tion of this Law. The Government develops small-scale fishermen and fish breeding fishermen through: � Credit scheme for small-scale fisher-

men and fish farmers, whether as capi-tals or operational costs, in a simple procedure, low interest, and adjusted to their economy capability;

� Education, trainings, and counseling for small-scale fishermen and fish farmers to develop knowledge and skills on fishing, fish farming, processing, and marketing;

� Developing group of small-scale fi-shermen, fish farmers, and fishery co-operatives.

scale fishermen. By scanning the whole content of the law, there are only few that manage about small-scale fisher-men. In Chapter X on Small-scale Fi-shermen and Fish Breeding Fishermen Development, there are only 5 articles, compared to regula-tion on fishery en-terprises and fishery penalty. Based on the facts, it said that this law emphasizes more on state’s in-vestment security in fishery sector and business manage-ment for fishery en-terprises.

Law No.32/ 2004 on Regional Governance



This Law gives authority to provincial government up to 12 miles and to district government up to 4 miles for marine re-sources exploration, exploitation, conser-vation, and management, and administra-tive and spatial planning management. Border friction between provincial and district government about the authoriza-tion might take place. In general, under-standing of coastal areas not specifically mentioned.

31


-


-

Law No.26/2007 on Spatial Planning replacing Law No. 24/1992 on Spatial Planning


The Law regulates spatial planning in general. Spatial planning in marine sector not arranged particularly in this Law. Spa-tial in the Law is defined as an area covers land spatial, marine spatial, and air spatial, including spatial inside the earth as a whole area where human and other crea-tures live and carry out their activities and maintain their survival. The Law clearly not aimed at conserva-tion and rehabilitation, however indicates the opportunity of it. As for marine, the Law analyzed through authority hierarchy. It can be seen implicitly that it manages spatial planning in the marine areas by underlining on islands as stated in the Ar-ticle 14 part (3) verse a. Spatial planning in detail as written at verse (1) letter b consists of: a. island/s spatial planning and spatial planning of national strategic areas b. spatial planning of provincial strategic areas, and c.district/municipal detailed spatial plan-ning and spatial planning of district/city strategic areas The existence of Article 14 part 3 pro-vides chances for conservation and reha-bilitation in marine sector. Furthermore, marine issues available in article 33 part 4 that stated ‘Spatial use on protected areas is given to the central government and re-gional government as first priority to re-ceive diversion of land rights from the land rights’ owners if they disengage their rights on the lands.


Community participation in this Law also discussed, especially in marine spatial planning execution. It clearly stipulated in

32

Article 55 that states ‘The central gov-ernment and regional government’s moni-toring as in verse (3) is conducted by in-volving community participation. The par-ticipation as in verse (3) done by giving reports and/or complaints to the central government and regional government.


Not available

Law No.27/2007 on Development of Coastal Areas and Small islands



The Law mentioned that coastal areas and small islands management is held with goals: to continuously protect, conserve, to rehabilitate, use, and develop coastal areas’ and small islands’ resources and the ecology. Article 28 of the Law states: Coastal Areas and Small Islands Conservation are carried out:

a. to maintain ecosystem sustaina-bility of the coastal areas and small islands

b. to protect fish and other sea crea-tures’ migration pathway

c. to protect sea environment; and d. to protect traditional culture sites

Verse 4 Article 38: Conservation areas

in the Coastal Areas and Small Islands

determined by Ministerial Decree.

Article 28 verse (4) of the Law is contra-dictive with Law No.32/2004 regulating about regional authority on conservation. The decision of conservation areas not supposedly handled by the Minister any-more, but the District Head referred to the authority mentioned.

Still found central-ism in designating conservation area category.


The Law states that HP-3 is enterprise’s rights at sea surface and water column up to sea base surface (Article 16), with pe-riod of time given up to 20 years, and can

The article should give clearer explana-tion on community’s access to waters as-signed as HP-3, so

33

be extended (Article 19). As in Article 60:

(1) In managing coastal areas and small islands, community has rights to:

a. Get access to waters designated as HP-3;

b. Get compensation due to losing access to coastal and small islands resources that become their livelihoods caused by HP-3 according to regulations;

c. Manage coastal and small islands re-sources based on traditional laws and not against the regulations;

d. Get benefits on Coastal Areas and Small Islands management execution;

e. Get information related to Coastal Areas and Small Islands Management;

f. Hand in reports and complaints to au-thority about their loss in regards to the execution of Coastal Areas and Small Isl-ands Management;

g. Protest on go public management planning within certain period of time;

h. Claim on pollution and/or destruction of the Coastal Areas and Small Islands that threatens their livelihoods to law en-forcement authority;

i. Convey accusation to the court on vari-ous problems in the Coastal Areas and Small Islands which harm their livelih-oods; and j. Get compensation.

that it would not create any conflict in the future. Verse 1 (b) also ac-knowledges protec-tion for community regarding the effect of giving HP-3 to the capitalist.


Points of economy empowerment are more detailed in this Law

1. The Central government and Local Government are obliged to em-power community in order to im-prove their welfare.

2. The Government is responsible to motivate community livelihoods activities using different, usefull and effective ways on coastal and

Still found central-ism as decision on empowerment guid-ance assigned by central govt. in this issue the Minister.

34

small islands management. 3. In order to empower community,

govt. both central government and regional materialize, develop awareness and responsibilities of:

a. decision making; b. management execution; c. joint-venture between

community, enterprises, and the central govern-ment/local government;

d. development and applica-tion of national policies in environment sector;

e. development and applica-tion of preventive and proaction efforts to prevent the loss of support and re-location potency in the coastal areas and small isl-ands;

f. use and development of eco-friendly technology;

g. distribution of information on environment; and

h. giving appraisal to merito-rious people on coastal areas and small islands management.

4. Regulations on guidance for com-munity’s economy development further arranged with Ministerial Decree.

PP (Governmental Regulation) No. 15/1984 on Management Biodiversity Resources in Indone-

sian Exclusive Economic Zone



Regarding biodiversity resources preser-vation, this Regulation prohibits fishing in Indonesia Exclusive Economic Zone us-ing explosives, poison, electricity, and dangerous agent or equipment. Due to conservation, this Regulation gives au-thority to Minister of Agriculture (at present Minister of Marine and Fishery) to determine the amount of allowed captur-ing based on type or type group of biodi-versity in some parts or all over the Indo-

35

nesian Exclusive Economic Zone. The numbers of allowed capturing is decided in regards with data of researches, sur-veys, evaluations, and/or fishing out-comes.


-


-

PP No. 68/1998 on Nature Preserves and Conservation Areas



Nature Preserves and Conservation Areas management is held based on area func-tion: � as protection areas of life buffer sys-

tem; � as preservation areas of various plants

and/or animals and the ecosystem; � as continuous use of biodiversity re-

sources and the ecosystem. Buffer zone functions to maintain Nature Preserves and Conservation Areas out of any pressures or disturbances from outside and/or inside the areas that might cause either wholeness alteration or and/or area’s function changes. Designation of a buffer zone is based on the following cri-teria: � Geographically, it is adjacent to nature

preserves and/or conservation areas; � Ecologically, it has good influence ei-

ther from inside or outside Nature Preserves and/or Conservation Areas;

� It has ability to counter any obstruction either from inside and/or outside of na-ture preserves and/or conservation areas.

�


The PP does not regulate/give opportunity to community for participating in nature preserves and conservation areas man-agement.


-

36

PP No. 19/1999 on Pollution Control and/or Sea Destruction



The rapid growth of activities in the land and sea as well as marine resources and their others’ uses can result in pollution and/or destruction to the sea that finally reduce both of its quality and function. In order to prevent them, this PP prohibits caretakers of enterprises and/or activities to carry out such events that tend to create pollution and/or sea destruction. Further-more, the caretakers are obliged to control the pollution and/or sea destruction caused by their activities. They are also obliged to refine sea quality.

The large-scale en-trepreneurs have mostly done pollu-tion, and/or sea de-struction. They nev-er conduct sea quali-ty refining. On the other hand, the posi-tion of the communi-ty in this PP is very weak. They do not have access.


The PP does not give opportunity to community to participate in pollution con-trol and/or sea destruction.


-

PP No.25/2000 on Authority of Central Govt. and Provincial Govt. as Autonomous Region



This PP regulates the Authority of Central Government and Provincial Government as Autonomous Region that stated in Law No.22/1999 Article 12. The authority of provincial government in marine sector includes: � administration and management of wa-

ters in provincial sea jurisdiction; � exploration, exploitation, conservation

and management of marine resources only within its provincial sea jurisdic-tion;

� conservation and management of speci-ficed location germ plasma and fishery reserves in the provincial sea jurisdic-tion;

� service on fish farming permits in the sea waters of the provincial’s sea juris-diction; and

� monitoring on fish resources use in the provincial sea jurisdiction


-

37


-

PP No. 82/2001 on Water Quality Treatment and its Pollution Control



Water is one of natural resources that have important function to human life. To maintain water quality, it needs water quality management and water pollution control wisely. This PP gives obligation to person-in-charge of the enterprises and/or activities waste away to the water or water sources to prevent and control water pollution. Violation to this PP will follow penalty procedure as in Law No.23/1997 on Environment Manage-ment.


-


-

PP No. 54/2002 on Fishery Enterprise



-

Need supports so that fishery enter-prise will not de-struct the environ-ment


-


Non-discriminatory use of fish resources is supposed to represent the protection to the small-scale enterprises such as fisher-men and fish farmers, so that they can survive from big-scale enterprises’ occu-pation. Therefore, they are motivated to establish cooperatives in order to develop the enterprises. Moreover, partnership be-tween large-scale fishery enterprises and small-scale fishermen/fish farmers with mutualism profit-oriented, for instance, joint-venture is highly encouraged.

38

PP No. 26/2008 on National Spatial Planning 1 Rehabilitation and conserva-

tion of marine and fishery resources

General conservation issues frequently discussed in this PP. Particularly, in the coastal and marine areas, conservation issues presented in Article 6 part: (a) as-signing protection areas in spatial of land, sea, and air, including spatial under the earth. Part (b) creating protected areas within an island with an area extent of at least 30% (thirty percents) of the total landmass according to the ecosystem; and part (c) rejuvenating and developing the utility of degraded protected areas due to by fish farming activities in order to main-tain the entire ecosystem stability. Other articles that sufficiently clear and detailed about issues on conservation related to coastal and marine presented in Article 52 - 67 covering type and criteria of protec-tion areas.


Not available


-

Keppres (Presidential Decree) No. 32/1990 on Management of Protection Areas



� Protection of coastal border intended to safeguard it from the areas from any ac-tivity potential to produce negative im-pacts on the coastal areas’ function. Criterion for coastal border is land along the water's edge with a width proportional to the physical shape and condition, i.e. at least 100 m from the highest tide point toward the land.

� Protection of marine nature preserve intended to safeguard biodiversity, type of ecosystem, natural phenomenon and uniqueness for the sake of germ plas-ma, tourism, and science. Criterion of marine nature preserve is an area such as sea waters, coastal areas, coral reefs, and atoll that have characteristics of di-

39

versity and/or ecosystem uniqueness. � Protection of coastal mangrove forests

intended to safeguard the mangrove fo-rests as creator of mangrove forest eco-system, and place for various sea crea-tures besides as protector to shoreline and sea abrasion, and fish farming. Cri-terion of mangrove forest area is an area that has, at minimum, 130 times of difference of annual average between highest tide and lowest tide, measured from the lowest tide poin toward the land.


This Decree does not regulate/gives op-portunity to community to participate in protection areas management.


-

Keppres No. 33/2002 on Sea-sand Control and Surveillance



Uncontrollable mining, dredging, trans-porting, and trading of sea-sand have ended in ecosystem degradation, econom-ic loss to the fishermen and fish farmers, and falldown of sea-sand price. To avoid that negative impacts, to protect and de-velop fishermen, fish farmers, and coastal community, and to improve the price of sea sand, thus control and surveillance of sea-sand exploitation performed. To con-duct the task, the President formed a team of sea-sand control and surveillance. One of the duties is monitor, evaluation, and surveillance on coastal and marine ecosys-tem condition caused by sea-sand enter-prises and environment quality reclama-tion. The Decree emphasizes that every sea-sand mining enterprise and/or dredg-ing is obliged to maintain marine ecosys-tem function and, to prevent and control the pollution and destruction caused by their activities.


-

3 Economy developing of

40

coastal community (livelih-oods)

-

Ministerial Decree of Agriculture No. 01/Kpts / Um /1 / 975 on Establishing of Sustainability of

Assets withinin the Indonesian Fishery Resources



Rational utilization contained in fishery resources and efforts to preserve their sus-tainability are main subjects and general judiciousness of fishery development. In the frame work of establishing sustai-nability of assets contained in fishery re-sources according to its activity intensity divided into : � Blocking areas/seasons

It includes:

• Closing certain areas for one or several, or all types of fishing ac-tivities;

• Closing some or all fishing areas during certain seasons for one or some, or all type of fishing activities.

� Controlling fishing activities

It includes:

• Determining type, size and num-bers of ships operated;

• Determines width of fishing net and type of other fishing instru-ments; and

• Determining quota of fishing cap-ture

The Government should be proactive in conducting men-toring of sustainabil-ity wealth in Indone-sian fishery re-sources. If failed, the Government sued to fulfill its responsibil-ity. This Decree can complement one another with Minis-terial Decree of Ma-rine and Fishery No. 02/Men/ 2002


-


-

Ministerial Decree of Environment No 45/1996 on Sustainable Coastal Program



To prevent pollution and/or environmental destruction of coastal areas, every person and/or caretaker of enterprises and/or ac-tivities has obligation to carry out pollu-tion prevention and control in coastal areas. Sustainable coastal program aims to be:


41

� controllable pollution or destruction in coastal areas from various enterprises or activities;

� community awareness on environment and community participation on coastal environment management; and

� a better coordination among institutions related to management of coastal envi-ronment.


-

Ministerial Decree of Marine and Fishery No. 41/Men/ 2000 on Directive for Management of

Small islands that Sustainable and Community-based



Policies on spatial planning of small isl-ands should consider conservation areas and flora fauna endemic, including en-dangered species. The Ministerial Decree is aimed at being: � a character reference for the stakehold-

ers, i.e. the Government, community, and business in implementating man-agement of small islands that inte-grated, sustainable, and community-based in order to achieve optimum, ef-ficient and effective utilization of avail-able resources toward a better commu-nity’s wellbeing and environmental ca-pacity preservation.

� a directive for the stakeholders in ad-ministering the mechanism of small isl-ands management.

Whereas the targets are: � the development of operational policies

on small islands management in the provincial and district/municipality well-directed.

� the mechanism of small islands man-agement executed by either the gov-ernment, community, or business by placing community as main actor while keeping on considering the environ-mental sustainability rules materialized.

� plan and implementation of small isl-ands management, both of the ongoing and the coming-up, along the lines of

42

principles in sustainable development.


The Decree has placed the community as main actor on management of natural re-sources and environmental service of small islands. While the Government and enterprises act as supporters.


-

Ministerial Decree of Environment No. 04/2001 on Standardized Criteria of Coral Reef Destruc-

tion



Coral reefs are natural resources function-ing as habitat and shelter for marine bio-resources. The rapid development has ended in destruction on coral reefs. Ac-cordingly, protection efforts have to comply with the benchmark criteria of destruction. The criteria of coral reefs de-struction are tolerable threshold changes of physical and/or biological characteris-tics of coral reefs. The criteria are set based on percentage of living coral reef cover. In the framework of controlling destruction on coral reefs program, the governors/ district heads/mayors obliged to organize such program that include condition of coral reef considered damag-ing, preventive actions, controlling efforts, and recovery activities.


-


-

Ministerial Decree of Marine and Fishery No. 58 /Men/2001 on Guidance of Community Moni-

toring System in Marine and Fishery Resources Management and Utilization



In order to reach optimum, responsible, and sustainable utilization of marine and fishery resources, monitoring by involv-ing community conducted.

2 Participation of community The monitoring system that developed is

43

in managing the resources

Community-based Monitoring System (SISWASMAS). SISWASMAS is a sys-tem that needs active participation from the community to monitor and control ma-rine and fishery resources management and responsible utilization, so that the sus-tainable benefits can be coped. SISWASMAS targets on: � Community-based monitoring mechan-

ism that integratively performed by the Government, community and NGO as well as enterprises still refers to pre-vailing laws and regulations deter-mined;

� Community participation on monitoring of marine and fishery resources in-creased.

� Joint monitoring on marine and fishery resources by security team, law en-forcement officials, and community performed.


-

Ministerial Decree of Marine and Fishery No. 02 /Men/2002 on Fishing Monitoring Guidance



Along with the increasing utilization of fish resources, it is therefore required to focus on fishing and/or fish transporta-tion. Monitoring on fishing sector carried out in order for maintaining fishing and/or fish transportation activities continually, while responsibly take care of fish re-sources and the environment. Monitoring on fishing sector includes:

� Fishing routes; � Operational areas of fishing and fish transportation; � Fishery reserves; � Protected species of fish; � Rehabilitated fish resources environ-

ment;

In the implementa-tion, this Decree is in collaboration with Minister of Agricul-ture Decree No. 01/Kpts/Um/I/1975


-

44


-

Ministerial Decree of Marine and Fishery No. 33 /Men/2002 on Zone Division of Coastal areas

and Sea for Sea-sand Enterprises



Zoning of coastal areas and sea for sea-sand enterprises purposes divided into protection zone and utilization zone. The activities only performed when sea-sand Mining Authorization is outside the pro-tection zone. Protection Zone is a prohi-bited area for such mining. It covers: � Nature preserves: national park and na-

ture tourism park; � Wildlife reserves: nature preserve and

game reserve; � Ecosystem protection areas of coastal

and small islands: consist of regional sea park, marine mammals sanctuaries, fishery reserves, migration areas of ma-rine creatures, marine protection areas, coral reefs, and fish-breeding grounds and other marine creatures;

� Waters of a distance less than or equal to 2 (two) seamiles measured from coastline toward island waters or open sea at the lowest tide level;

� Waters of a depth less than or equal to 10 meters and directly border on the coastline measured from sea surface at the lowest tide level;

� Undersea cables and pipelines installa-tions and the safety zone measured 500 meters off left and right sides of the in-stallations;

� Indonesian Islands Sea Routes (ALKI); � Safety Zone of Sailing Navigation Sup-

porting Facility (SBNP) Every activity of sea-sand enterprise must maintain : � Preservation of coastal areas and sea; � Stability of environmental geology of

coastal area and sea; � Suatainable livelihood of fishermen

and fishpond farmers; and � Harmonization with other coastal and

sea uses

45


-


-

Ministerial Decree of Marine and Fishery No. 34 /Men/2002 on Coastal and Small Islands Spa-

tial Planning Guidance



The objectives are to be :

� a directive for stakeholders with au-thority to conduct Spatial Planning in coastal and small islands areas.

� a directive of developing potential coastal areas, and a control measure-ment of potentially threats to coastal and sea ecosystem.

The Law targets on:

� The realization of harmonius and ba-lanced spatial planning in developing human life and in managing various relationships among activities and spa-tial functions to achieve quality spatial planning;

� Availability of spatial planning for coastal and small islands to become a guidance to manage the resources completely and in integrated, and a control on problems that could harm the ecosystem;

� The fulfillment of all stakeholders’ necessities in formulating spatial planning, thus significant role of community is achieved; and

� Accessibility for both functions of protection and farming that widely ac-cepted among all stakeholders, thus law assurance available for all planned-to-be-used locations for de-veloping all resources and investment activities in the coastal areas.


Spatial planning in coastal and small isl-ands conducted using participative ap-proach. The planning using this approach can be described as given below:

46

� Every person should have a Right to obtain information and access for com-plete information,

� Communication structure in community happens in interactive dialogues and can be freely expressed,

� Active participation in every decision making,

� Access to distribute information, � Stakeholders’ participation started from

giving ideas about management, plan-ning formulation, utilization, and con-trol.

Apart from participative approach, it should be community welfare- oriented.


-

Ministerial Decree of Environment No. 201/2004 on Basic Criteria and Guidance of Mangrove

Destruction Specification



Mangrove is one amongst natural re-sources with specific functions such as breeding grounds and shelter for different marine bio-resources. Rapid development has left negative impacts on the mangrove forests. One of the controlling measu-ments to protect mangrove from any de-struction is by recognizing level of de-struction based on its standardized crite-ria. The criteria determined on the basic of the cover and density percentage of liv-ing mangrove. It is a method to determine the status of mangrove forests condition that classified as good (high density); fair-ly good (fair density); and damaged.


-


-

47

C. Analysis on Policy at N. Sumatera Province Level

As well as central policies, there are also provincial policies of N. Sumatera, among which are:

1. Perda (Provincial Regulation) No.8/1973 on Fishing in Sea, Bay, and Estuary in the Jurisdiction of N. Sumatera Province; the regulation is followed with Gover-nor Decree No.529/II/GSU/ dated on 13 November 1974 on Delegating Authori-ty of Releasing Fishing Permit in Sea, Bay, and Estuary along Coastal Areas of N. Sumatera Province. Another regulation related to this Perda is Governor De-cree No.848/VI/GSU/ dated on 28 November 1977 that determining seven sets of law considering management and sustainability of sea-fish resources, and the importance of protection to small-scale fishermen to improve and balance their incomes.

2. Perda No.25/1980 on Results of Fish Public Sale; the set of law made for cap-tured fish brought to public-sale mechanism through cooperatives. The regula-tion is to help fisheremen control their price fish instead of the toke.

3. Perda No.5/1999 on Space Retribution of Vessel Disembarkation; both structure and amount based on size of vessel from smaller than 5GT to larger than 150GT.

4. Perda No.6/1999 on Examination Retribution of Fishing Vessel 5. Perda No.7/1997 on Amendment of Perda No.16/1998 on Retribution of Whole-

sale and or Retailing Markets 6. Perda No.15/1998 on Retribution of Selling Local Products 7. Perda No.3/2002 on taxes of motor vehicles and water vehicles 8. Governor Decree No.552/1206/K/1994 dated on 14 July 1994 on implementa-

tion of mangrove rehabilitation and protection with deep-pool model. 9. Governor Decree No.TK.188.341/2729 dated on 10 December 1997 on the es-

tablishment Affirmation and Use of Rumpon (barred enclosure for seafish) in N. Sumatera’s waters

10. Governor Decree No.522.05/090.K/2001 dated on 16 April 2001 on the Estab-lishment Affirmation of North Sumatra Province’s Marine Integrated Adminis-tration System (Samsat Kelautan Provinsi Sumatera Utara)

11. Governor Decree No.050/1071-K on organization of Marine and Coastal Re-sources Management Project fiscal year 2004

12. Governor Decree No.136/3240.K on Strategic Planning of Marine and Coastal Resources Management of N. Sumatera Province of 2005-2010

13. Governor Decree No.074/2003 on Authority of Municipal and District Govt. in Collecting Retribution

14. Governor Regulation No.060/1649/K/2006 on Structure and Executive of Mari-time Partners Program of N. Sumatera Region

15. Governor Regulation No.060/1430 K/2007 on Revision of Structure and Execu-tive of Maritime Partners Consortium of N. Sumatera

Provincial policies publicized in fishery and marine sector are, in general, still far from expected condition. Most of issued local government decrees more regulate licensing and retribution collecting to increase its local revenues. Since Reform Era, local policies have become worse and more exploitative. Compared to Old Order, the govt. had released some relatively good policies, in particular, those that considered conservation and small-scale fishermen. This indicated in Governor De-

48

cree No.848/VI/GSU dated on 28 November 1977; it released as regulation to technical implementation of Perda No.8/1983 on Fishing in Sea, Bay, and Estuary in N. Sumate-ra. Basis to publicize the decree conform the following preambles, i.e.:

� That in developing and safeguarding marine fishery sources needed special pro-tection to small-scale fishermen to increase and organize income

� That with regard to it required a control and organization on fishing in the sea, bay, and estuary along the coastal areas of N. Sumatera Province

Meanwhile, in Reform Era model of policy on management of marine resources and fishery in the province is not much different from that come to pass nationwide. A num-ber of policies prior to and subsequent to the release of Law No. 22/1999 on Local Go-vernance has been intended to simply catch up regionally-generated revenues or PAD, for example various types of retribution and taxes Besides policy in form of norm, attentiveness to organize the management of fishery and marine in N. Sumatera prudently performed. For instance, COREMAP (Coral Reef Rehabilitation and Management Program) carried out in west coasts of N. Sumatera, i.e. in Central Tapanuli and Nias Districts; MCRMP (Marine Coastal Resources Manage-

ment Project), a project run by Provincial Development and Planning Board of N. Su-matera or BAPPEDA and funded by Asian Development Bank (ADB) through loan me-chanism. The program executed in three districts in east coast of N. Sumatera, i.e. Deli Serdang, Langkat, and Asahan. Some of the MCRMP’s programs are preparing Strateg-ic Planning for Integrated Management of Coastal Areas; Zone Planning; and Planning of Coastal and Sea Policy. In addition, Maritime Partners Program as a joint program between N.Sumatera Uviversity and the Provincial Marine and Fishery Service has started. Furthermore, via Provincial Marine and Fishery Service PEMP Program (Economic Empowerment of Coastal Community) and provision of SPDN

21 (Subsidized Diesel for Fishermen) has been in operation since 2001. Work areas cover Medan city, Deli Ser-dang, and Asahan. The programs do not show significant results. In contrast, these ac-tivities have caused problems as most of distributed aids are fishing equipments such as trawl. MCRMP Program has currently had draft of regional regulation on Management of Provincial Coastal Areas, while COREMAP Program has managed to establish Strateg-ic Planning of Nias District Coral Reef and Marine Conservation Areas of Nias. In addition, in 2007 N. Sumatera Province Government declared program of agromari-nepolitan development for coastal areas and small islands, and the outer islands. The project has two major programs, i.e.22

� program of accelerating development and increasing the most excellent sector

21 This program started out in 2003 through a joint plan with KP (Ditjen KP3K & Ditjen Perikanan Tang-

kap), Pertamina, and DPP HNSI. Thus far, realization of SPDN has mounted up to 112 units (Trust.No46 year IV, August-September, 2006) 22 Agromarinepolitan Development Program of Coastal, Small islands, and Outer islands of N. Sumatera Province, Fishery and Marine Service, July 2006

49

� program of protecting natural perpetuation in coastal areas, small islands, and the outer islands

Those programs conducted by each related institution, and there is no synchronization between west coast and east coast of N.Sumatera. Agromarinepolitan program involves integrity of both areas, on the other hand only few parties have understood direction of the program. Appraisal of assorted policies at national level has found that there is not available a grand design of policy that can act as reference for the management of fishery and ma-rine resources at provincial level. Different programs as national policy derivative, in general, are still project approach-oriented; and not based on holistic development and principles emphasizing on the importance of community’s partaking, sustainable natural resources, and justice. Process of planning and decision making of marine and fishery development program even now act upon top-down approach model. Programs for community development and naturak resources management are degined at national level, and the implementation is under the responsibility of provincial and district/municipal govt. Even though the community is part of those programs, but there is no enough access to choose options and opportunities to talk about at the community level. Such situation has been due to cultural orientation of the program executives that perceive the community has no capacity to understand as well as analyze and formulate the problems, or, in other words, the community is positioned as group that need assis-tance from outside. It is no surprising that some programs, specifically those of fisher-men empowerment with top-down method have many times failed and not prolonged as the community is less involved in thus they feel less responsible for both the program and the successfulness. In fact, legal foundation for community’s partaking in managing natural resources is very definite as stated in Law No.23/1997 on Management of Environment stating Right, Duties, and Participation of Community in Developing the Environment as per the following articles: Article 5

(1) Everybody has equal rights on a healthy and good environment. (2) Everybody has equal rights on information of environment that relating to roles in

managing it. (3) Everybody has equal rights to take participation in managing environment in keep-

ing with the prevailing laws.

Article 6

(1) Everybody has the duty of caring perpetuation of environmental functions, and preventing and managing pollution and destruction on environment.

(2) Everybody that involved in economic enterprise and/or activity has duty of provid-ing correct and accurate information on environmental management.

Article 7

(1) Society has equal and as widespread as possible opportunity to participate in man-aging the environment.

50

(2) Implementation of verse 1 above carried out through: a. Developing independence, community empowerment, and partnership b. Growing and stimulating ability and pioneering of the society c. Growing immediate responsiveness of the society to conduct social control d. Presenting ideas and constructive inputs e. Delivering information and/or reporting.

In general, it is observable that substance contained in the policy on fishery manage-ment of N. Sumatera Province is still limited to the fulfillment of local revenues target. There is no enough access for public to participate. However, it has started synchroniz-ing with national policies. It is still project-oriented and not yet in a holistic planning, and has no good coordination among related instances.

Table 4: Matrix for Policies on Marine and Fishery in N. Sumatera Province

Perda (Provincial Regulation) No. 8 /1973 on Fishing in the Sea, Bay and Estuary of N.Sumatera

Province


1 Rehabilitation and conservation of marine and fishery resources

Although not mentioned directly the term of conservation, yet this Regula-tion explicitly described the prerequi-sites of fishing to maintain the conti-nuity of resources adjusted to the sit-uation.

This Regulation followed by Governor of N.Sumatera Decree No.529/II/GSU/ dated on 13 No-vember 1974 on Authority Trans-fer of License Release for Fish-ing in the Sea, Bay and Estuary along N.Sumatera’s shorelines. Later Governor of N.Sumatera Decree No. 774/II/GSU/ dated on 26 November 1977 on With-drawal of Decree No. 529/II/GSU/Dated 13 November, 1974.

2 Participation of community in managing the re-sources

No points on community participa-tion

3 Economy develop-ing of coastal community (live-lihoods)

No points on development

Governor of N.Sumatera Decree No.848/VI/GSU/dated 28 November 1977

Strategic Issue(s) Content Explanation


There is no explicit description about rehabilitation and conservation, espe-cially in 1977. Trawling still allowed. However, through this Decree, the provincial government begins to limit the use of trawlings by determining

51

that trawling inboard motor (pukat harimau) operated in the provincial waters only with 10 GT of capacity.

2 Participation of community

Not available

3 Economy devel-opment

It has been approved to give protec-tion to small-scale fishermen in re-gards with increasing and equal in-come purpose, therefore law enforce-ment and coordination on fishing in the sea, bay and estuary along N.Sumatera’s shorelines have been perfomed.

N.Sumatera Provincial Regulation No.10/1983 on First Revision of N. Sumatera Provincial Reg-

ulation No. 22/1980 on Provincial Tax on Waters



No points that regulate Rehabilitation and Conservation

The consideration of this Regula-tion is that in practices the tax does not reach the tax payers.


No points on Community Participa-tion


No points on Economy Development

N. Sumatera Provincial Regulation No. 25/1980 on Auction of Fishing Outcome



No points regulate Rehabilitation and Conservation




Although fishermen economy devel-opment is not explicitly mentioned, yet this Regulation has shown good objective by applying auction or pub-lic-sale system to maintain price sta-bility.

N. Sumatera Provincial Regulation No. 5/1999 on Fish Unloading Retribution



No points regulating Rehabilitation and Conservation

This Regulation released based on upper regulation that Go-vernmental Regulation (PP) Ar-ticle 3 verse (2) letter I No.20/1997 on Regional Retribu-

52

tion that stipulates regions to col-lect retribution from unloading ships as their regionally-generated incomes.




No points on fishermen economy de-velopment

D. Analysis on Policy of Marine and Fishery at Nias District Level

There are several policies prevailing to Nias District, among which are: 1. District Regulation No.14/2002 on Fishery Enterprise Retribution and Letter of

Fishing 2. District Regulation No. 15/2002 on Marine Production Selling Retribution 3. District Head Decree of Nias No.188.342/846/K/2002 on Technical Directive

for the Implementation of District Regulation No.14/2002. 4. District Head Decree of Nias No.188.342/b59/K/2002 and

No.188.342/847/K/2002 on Techncal Directive for the Implementation of Dis-trict Regulation No.15/2002

5. District Head Decree of Nias No.188.45/1445/K/2003 on Local Standard Price of Fish (HPIS) over Nias District

6. District Head Decree of Nias No.02/2006 on Strategy of Development of Un-derdevelopped Areas in Nias 2007-2009

7. District Head Regulation of Nias No. 20/2007 on Strategic Planning (Renstra) of Coral Reefs Management in Nias District 2007-2011

8. District Head Regulation of Nias No.050/139/IK/2007 on Designation of Marine Conservation Areas of Nias District

9. Village Conference Decree of Hinako of Sirombu Sub-district of Nias District No. 523/5217/XII/01/2006 on Coral Reef Conservation in Village Waters

Prior Tsunami, policies regulating administration of fishery and marine have not shown serious attentiveness toward the importance of conservation. The established Perdas were more regulating the price, retribution, and permits. For this reason, model of poli-cies is not much different from that of national and provincial level. In most cases, poli-cies publicized after the estabilshement of Law No.22/1999 simply directed to win eco-nomic interests suretribution of fishing enterprise, and standard pricing of fish. Post Tsunami, issues on conservation and community’s partakings achieved fixed place within several policies, for instance Nias District Head Regulation No.20/2007 on Stra-tegic Planning of Coral Reef Management in Nias for 2007-2011, and designation of MSea Conservation Area of Nias District through a District Head Decree No.050/139/K/2007. In spite of that, these policies have not resulted in complicated de-scription of marine and fishery problems, or in other words, these policies are one-sided. The involvement of community in policy making has been present, this shown with vil-lage cnferences such as Village Conference Decree of Hinako of Sirombu Sub-district

53

of Nias District No.523/5217/XII/01/2006 on Presevation of Coral Reefs in Village Wa-ters. The decree regulates about protection and utilization of areas, local community’s responsibility, penalty, surveillance, conflict resolution. This village policy is a forward movement as part community-based management model. The policy needs to be adopted as lesson learned in regionally policy making process. Nevertheless, the ques-tion following it is wheter regulated issues are community’s choices or just ideas of ad-visers that at the same time running their programs. The presence of head district decree, head district regulation, and village conference de-cree altogether focusing on coral reefs preservation recognized as a step ahead, although still leaving problems behind that demand a thorough review. Early enough, the state issued a new ruling i.e. Law No.27/2007 on Management of Coastal Areas and Small islands or PWP&PPK. As per Article 18 point 4 of Law No.22/2007, conservation areas designated through ministerial regulation. Regional authority is responsible for manag-ing conservation areas instead of designating consrevation areas. As indicated by Law No.32/2004 Article 18 point 3 part b, designating conservation areas by minister can derive from both community and government. It is therefore Nias District Head Regulation on Conservation Areas obliged to submit to the higher Law. Policy product other than that just mentioned above is District Spatial Plan of Nias or RTRW of Nias District. The plan provides two understandings of of coastal areas spatial planning, i.e.:

1. Mangrove Forested Coasts

Mangrove Forested Coasts are coastal areas that belong to natural habitat of mangrove that function to provide shelter to creatures living in the coast and the sea. The type of forest frequently found in sub-districts of Lahewa, Tuhemberua, Bawolato, and Sirom-bu.

2. Marine Reserves and other Waters Protection Areas

Marine and other type of waters reserves are areas of sea, land, coastal, estuary, and coral island or atoll with characteristics such as diversity and or uniqueness of ecosys-tem. For Nias District, there are many areas of undeveloped as marine reserves in view of the fact that its region surrounded by ocean, but lacking further researches about it. Based on their potencies, several areas suitable for marine reserves are sub-districts of Sirombu (Hinako islands) and Lahewa. In addition, there are other policies, as developed in the Renstra of District Nias, making some other issues linked to marine and fishery, among which are: Development of capture fishing

Programs: � Enhancing technology of capture and post-harvest � Increasing quantity of ships and catching devices � Developing both structure anf infrastructure of sea fishery

Exploitation of marine bio-resources or SDHL

Programs:

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� Developing both structure anf infrastructure of location for marine fish farm � Developing marine fish farm

Improving community empowerment of coastal areas and small islands

Programs: � Enhancing community partaking of coastal areas and small islands as well as

planning on improvement of productive activities through strenghtening eco-nomic institutional capacity

Developing coastal areas and small islands

Programs: � Rehabilitating and managing coral reefs and mangrove forests with community-

based model Activities: (1) building and developing local institution; (2) developing alternative livelihoods; (3) zoning and controlling protection areas through community-based approaches

Monitoring, controlling, and surveillance of marine and fishery resources

Programs: � Organizing inventory and spatial plan for coastal areas and small island in an in-

tegrated method Activities: (1) making inventory of coastal areas and small islands; (2) organizing spatial planning for coastal areas and small islands; and (3) carrying out conserva-tion in coastal areas and small islands.

Furthermore, central government has determined four major policies to become refer-ences to the rehabilitation and reconstruction program of living environment and natural resources. These four policies include 1)restoring environmental capacity and safe-guarding existing environment; (2) restoring community’s economic activities that rely on natural resources; (3) involving community and employing locally social and cultural dimensions to administer disaster and development activity; and (4) recovering institu-tional system of natural resources and living environment as government level. The ab-ovementioned policies poured out in Master Plan of Areas and Life Rehabilitation of NAD Province’s Community and Nias District called “Blueprint”. Policies on restoring and recovering envitonmental capacities and protecting presented natural resources. Huge scale destruction of natural resources and ecosystem caused by the quake and tsunami, mostly in coastal areas, highly needs extra special attention, and turns out to be considerations in conducting rehabilitation and reconstruction. Capability of environmental capacities for the development purpose has gotten to restore better than prior to the disaster. Meanhile, potential of natural resources as well as condition of natural environment that out of harm's way obliged to protection and wise utilization, given that the development process of rehabilitation and reconstruction positively re-quires numerous natural resources as raw materials. Strategy of recovering naturally environmental capacity of the coastal areas and the sea includes:

� Rehabilitate coral reefs Major activities comprise making inventory on coral reefs, renaming the coral reefs, and organizing institutional mechanism.

� Rehabilitate and build green belt, pond areas, and city forests according to Spa-tial Planning and coastal character.

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Green belt is an expansive forested area that expected to remain existing and growing within a particular width, along the riverbanks or shoreline. Green belt normally found by the shoreline, by the river, or lakes/lagoons/dams, and works to save the shore or water's edge from destructive natural forces such as abrasion, erosion, wind, etc.

The next policy also included in Plan of Action, and Rehabilitation and Reconstruction of Areas of Nias islands of N.Sumatera Province. The policy contains basis of develop-ment and reconstruction process that integrated within (1) minimizing risks of disaster (2) reducing poverty level, and (3) planning spatial or land uses of island that based on marine and island method that will be a key reference to all Nias reconstruction pro-gram, specifically intended for Nias and S.Nias Districts23. Meanwhile, in a directive of spatial or land use, Nias islands based on Perpres No.30/2005 has set on the following scenarios24:

1. Development of coastal potencies required to protection; 2. Settlement areas putting up with total destruction ought to rebuilding with better

safety and protection facilities; 3. Development of existing cities equipped with better facility coping with quake

and tsunami; 4. Areas of governmental functions, social functions, economic functions, and set-

tlement located in zone potential to high destruction relocated to longer-term safe places, become a new city or new settlement center. Relocating capital city and center of settlement carried out with time;

5. Areas of village town (community of fishermen and agriculture) located near the beach maintained by developing buffer zone and safety zone, and rearranging protected areas the length of shoreline; and

6. Areas not suitable for dwelling converted into buffer zone. Based on the above scenarios, thus directive of spatial planning of Nias District ex-plicated as follows: 1. to develop buffer zone the length of W.Nias coastline; 2. to control and to prevent city expansion in coastal areas of W.Nias; 3. to rebuild new settlement in both city and village in line with criteria of land ap-

propriateness; 4. to relocate new settlement hit by tsunami to the safe, closest location to the cen-

ter of economic activities, and provided road access mainly to new residence in remote area or village;

5. to build temporary settlement; 6. to re-arrange old settlements to become suitable for buffer zone, green open

space, tourism, agriculture, plantation, or other functions of lower activities; 7. to re-arrange old areas with key activities as harbors, trading centers, and distri-

bution services by building supporting facilities such as public housing that li-mited only for workers and visitors of the old areas;

23 Ministry for National Development Planning. May 2007. 2007-2009 Action and Rehabilitation and

Reconstruction of Areas in Nias Island of N. Sumatera Province Post-Quake 24 Ibid

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8. to provide protection to village, settlement of fishermen, agricultural and planta-tion areas maintained in villages by expanding buffer zone and safety zone that easily reached;

9. to re-develop and re-arrange infrastructure, roads, irrigation, clean water, drai-nage, etc. for both of maintained settlements in city and village;

10. to re-build buffer zone by re-arranging protection zone, buffer zone, and free uti-lization zone.

Besides regulations in the Blueprint, policed by a Presidential Regulation No.30/2005, the central government also established other policies in form of regulation. The regula-tions include Law No.10/2005 on Board of Rehabilitation and Reconstruction of Areas and Life of Community in NAD Province and Nias islands of N.Sumatera Province, and Perpres No.69/2005 on Participation of Foreign Institution/Individual in the framework of Grants Rehabilitation and Reconstruction of Areas and Life of Community in NAD Province and Nias islands of N.Sumatera Province. BRR has made plans for particular policies regulating marine and fishery as follows: � building fishery infrastructures including

� building 8 units PPI/TPI � constructing 10 units dock yards � dredging 16 packets estuaries

� developing fishery structures including � providing 700 units motorized boats � providing 700 units fish catching devices � providing 1000 unit operational costs � fish farming

� rehabilitating community’s ponds � rehabilitating pond canals as long as 313 Km � providing fish-farming funds

� developing small-scale fishery enterprise � providing joint working capital � developing business group (processing) � building human resources and fishermen groups capacity

Other than rehabilitating pond program, the BRR has also launched fish farm program. The program has just operated thus has not shown significant results to the fishermen, fish farmers, and fishery businessmen. The program has been facing some dilemmas such as lower human resources, less accessible natural resources, culture, local institu-tional, funds, and management system. There are at least five major problems going up against the fishery empowerment. However, these problems have existed longer prior to the tsunami, but have remained unresolved.

Firstly, fish catching. Fishermen have very limited skills, and can only employ know-ledge derived from older generations. The fishermen have not been able to meet stan-dardized quality of catching and storing fish during hold of a ship. The benchmark crite-ria not well understood. Furthermore, fishing equipments such as boat capacity, catch-ing devices, navigation and communication system, storing and cooling-off system are far below the standardized qualifications. Consequently, readiness and capability to far

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distance and longer trip are very limited, and the capturing both quality and quantity is automatically limited too.

Secondly, fish farm production. In general, the fish farmers can only produce small-scale production. Their adeptness in either planning or technical implementing has not yet met the standard; neither the preparation phase (including preparing the land for tambak or kolam, and other public waters) nor the provision of production structures phase (including preparing sprouts, feeding, and other materials or supporting equip-ments).

Thirdly, fish processing. Fish processing treatment or post-catching activity definitely requires particular knowledge to produce proper selling products. This skill not yet completely owned by community involved in fish processing activity, besides their mi-nimal instruments and low technology.

Fourthly, fish marketing. Proficiency on searching and managing market information is very little, thus forming and involving in market network is limited. Business expansion is narrow and conventional.

Fifthly, conserving environment as results of production process, distribution process, and community’s consumption process. In relation to it, stakeholders directly engaged include fishermen, fish farmers, and fish traders. None of the stakeholders has produced green products, since such kind of product is not too familiar to them. Unfortunately, there are no serious and comprehensive measurements conducted to ad-minister those five difficulties. These economic activities performed partially; the stakeholders run their production, distribution, and farming activities individually. In connection with enhancing coastal environment and the sea, the BRR has settled on the vision that is to conduct sustainable rehabilitation and reconstruction efforts in coastal areas and the sea that always consider principle of steadiness between utilization and environmental capacity that always go along with synchronization and most advan-tageous of land uses. In order to achieve the vision, the BRR has established three poli-cies as the following: � Total extent of mangrove forest restoration: 60% of it required to be converted, and

the rest 40% goes to sustainable pond cultivation as source of revenues. � To restore coral reefs through artificial reef and transplantation methods. In buffer

zone, artificial reefs can also function as rumpon or barred enclosure of seafish to maintain artisanal fishery activity (Fisheries involving skilled but non-industrialized operators; typically a small-scale, decentralized operation; normally subsistence fi-sheries although sometimes the catch may be sold. Usually fishing trips are short and inshore and fishing vessels are small but in developed countries may apply to trawlers, seiners or longliners. Also called small-scale fisheries)25.

� To alternating restore coastal forests with other commercial trees such as coconut tree up to 40% while the rest can be coastal pine, ketapang tree a kind of local al-mond tree, bimba trees, and coastal palm trees.

25 Definition based on glossarium at http://www.fishbase.org/glossary/Glossary.cfm?TermEnglish=artisanal%20fisheries

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Furthermore, District Head Regulation No.20/2007 on Strategic Planning (RENSTRA) of Coral Reefs Management of Nias District of 2007 fiscal year declares points regulat-ing issues on community’s participation, economic empowerment, and conservation. Objective 1.b Improving community’s participation in coral reefs management, indica-tors:

1. Increasing active community’s participation in coral reef management; starting from planning, implementing, monitoring, and evaluating.

2. Increasing number of community that of attentive and responsible for the coral reefs preservation.

3. Increasing number of stakeholders’ attentiveness on the coral reefs management and restoration.

Objective 2.a Developing alternative livelihood, indicators:

1. Increasing number of fishermen with alternative skills 2. Improving skills of local community in cathing, fish farm, and processing tech-

nology 3. Various alternative incomes to meet daily needs 4. Improving status of local community’s nutrition 5. Decreasing number of community tied in usury scheme 6. Increase of local revenues 7. Improving skills on financial management

Objective 3-a Protecting resources of fish and coral reefs, indicators:

1. Increase of fish population 2. Decreasing use of bombs and chemical by local fishermen 3. Decreasing use of destructive catching device 4. Increase of live coral reef cover 5. Increase of marine biodiversity

The strategy 3.a refers to proposal of policies, i.e.:

1. developing marine protecting area through community based approach 2. socializing the existence of marine management area 3. preparing Perda to put a stop to illegal fishing 4. developing village regulation or Perdes to give protection to coastal resources 5. raising program on awarness of law

In the identification problem also mentioned the unavailability of spatial planning or land uses of coastal areas, therefore the Renstra also emphasizes the necessity on Perda to legalize spatial planning of coastal areas and sea. The presence of Renstra is essential steps forward, in particular, to the preservation of coral reefs in Nias. Nevertheless, problem over damaging coral reefs is only one of complicated crisis of marine and fi-shery resources in Nias District. In overall, district policies prevailing in Nias, prior to Tsunami, are very similar pattern to that of national or central policies; economic-oriented such as regulation on retribu-tion, taxes, fish pricing and have not emphasized on the significance of sustainability and local community participation. Meanwhile, post-Tsunami, there have distinguished

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the importance of sustainability, local community participation, and economy empo-werment. In spite of that, as these policies are still immediate response toward the catas-trophe that has just striken Nias, thus it can be concluded that less focused on more spe-cific directive on marine and fishery management. For that reason, more focus policies are highly required based on two major justifications below: Firstly, geographic position of Nias islands is susceptible to natural disaster and com-mon coastal disasters; Secondly, management problems of marine and fishery that such complicated; and Thirdly, assets or natural resources belong to Nias islands.

Table 5 Matrix of Policies on Marine and Fishery in Nias

District Regulation No. 14/ 2002 on Fishery Enterprise Retribution and Letter of Fishing


1 Rehabilitation and con-servation of marine and fishery resources

Although the Regulation manages Retri-bution, however in Article 30 verse (2) letter b and c covers fish resources con-servation and the environment. Every per-son or Law Body with Fishery Enterprise Permit (IUP) and Letter of Fishing (SPI) in Nias Regency, prohibits:

� Fishing and/or fish breeding ac-tivities using harmful agents or de-structive equipments that threa-thening both fish sustainability and the environment.

� Destructive actions potentially generate pollution toward fish re-sources and/or the environment.

The use of explosives, poisons, electric current, and others not only can kill the fish but also can cause environment de-struction and losses to fishermen and fish farmers. In case of the condition men-tioned above takes place, the rehabilita-tion would need quite long time or even extinction. Therefore, their uses must not be permitted. Fish resources pollution in this Regulation is defined as a condition where fish re-sources are mixed with other creatures, energy elements, and/or other components caused by human actions so that the re-sources’ function is decreased or invalid and/or dangerous to whom that utilize them. While fish resources environment destruction is a situation in certain marine area that had been through physic, chemi-

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cal and biological changes, so that it can-no longer appropriate as living place, sur-vival, breeding or protection of fish re-sources.

2 Participation of com-munity in managing the resources

No articles in this Regulation manage the community participation in marine and fishery resources management.

3 Economy developing of coastal community (li-velihoods)

Small-scale fishermen and fish farmers or individuals that conduct their activities as their livelihoods to meet daily needs are free from obligation to obtain Fishery En-terprise Permit (IUP) and Letter of Fish-ing (SPI). The criteria is determined by Head of Regency Decree, i.e. Boats with-out motor or outboard or motorboats with size 0.5 GT or the engine less than 5 (five) horse power (HP).

District Regulation No. 15 /2002 on Marine Production Selling Retribution



As well Regional Regulation No.14/2002, Regulation No.15/2002 is also about Re-tribution. The aim is regional genuine in-come purpose. It does not regulate rehabil-itation and conservation of marine and fi-shery in any article.


No articles mentioned about community’s participation on marine and fishery re-sources management.


No articles clearly regulate economy de-veloping of coastal community.

District Head Decree of Nias No. 188.45/1445/k/2003 on Local Standard Price of Fish (HPIS)

across Nias District



Like District Regulation No.14/2002 and No.15/2002, this Decree purpose is also about regional genuine income. No ar-ticles regulate rehabilitation and conserva-tion of marine and fishery resources.


No articles mentioned about community participation on marine and fishery re-sources management.

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District Head Decree of Nias No. 188.342/846/k/2002 on Operational Guidance of District Regu-

lation No.14/2002 on Fishery Enterprise Retribution and Letter of Fishing



As Regional Regulation No.14/2002, this Decree’s objective is the process of enter-prise permit retribution carried out in the field, therefore regional genuine budget achieved.


No articles mentioned about community participation on marine and fishery re-sources management.



District Head Decree of Nias No. 050/139/2007 on Marine Management Areas in Nias District



The Decree allocated marine conservation areas as of 29,000 ha. The conservation areas’s boundaries instructed in boundary administration and zone division adjusted to the land use and management planning.

The Decree is contradic-tive between Law No.27/2007 Article 28 point 4 that stated con-servation areas in the coastal areas and small islands assigned by Mi-nister, and Law No.32/2004 that ackow-ledged the regional au-thority in marine areas.

2 Participation of commu-nity in managing the resources

Not explicitly organized


In dictum 2 (two) of the Decree described that conservation areas can be used for continual fishery, marine tourism, re-searches, social economy development of the community, and the sustainable uses of other marine resources. No points on participation

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District Head Regulation of Nias No. 20/2007 on Strategic Planning (Renstra) of Coral Reefs

Management in Nias Regency



Issue of conservation found in this Regu-lation makes a target to protect fish re-sources and coral reefs with indicators as follows;

1. Quantity of fish population in-creased

2. Use of explosives and potassium poison by fishermen decreased

3. Use of non-ecofriendly fishing equipments decreased

4. Living coral reefs’ cover in-creased

5. Biodiversity of marine creatures increased

RENSTRA is an opera-tional unit of Rehabilita-tion and Management Program of Coral Reefs in Nias Regency (COREMAP II) budget year 2006

Participation of commu-nity in managing the resources

Renstra mentioned Community Participa-tion in Coral Reefs Management with in-dicators below:

1. Active participation of the com-munity in coral reefs manage-ment, started from planning, ex-ecution, surveillance, monitoring and evaluation, increased.

2. Numbers of people that care and be responsible on coral reefs sus-tainability increased.

3. Stakeholders’ attention on man-agement and rehabilitation of cor-al reefs increased.

Economy developing of coastal community (li-velihoods)

In economy developing, RENSTRA tar-gets Alternative Livelihoods Develop-ment, with indicators:

1. Numbers of fishermen with alter-native skills increased

2. Community skills on fishing tech-nology, waters’ nurturing and processing technology increased

3. Community livelihoods to meet their daily needs varied

4. Community nutrition status in-creased.

5. Numbers of people deal with ‘ijon system’ decreased

6. Local rupiah income increased 7. Community skills on financial

management increased

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Law No. 10/2005 on Regulation in Lieu of the Law (Perpu) No. 2/2005 into Law on The NAD-

Nias Rehabilitation and Reconstruction Agency



In order to overcome earthquake and tsunami disaster in Province of NAD and Nias Island of N. Sumatera Prov-ince, the Government assigned The NAD-Nias Rehabilitation and Recon-struction Agency (BRR). BRR is an in-stitution established to accelerate reha-bilitation and reconstruction in disastr-ous areas. Organization structure of BRR consists of Consultative Board, Monitoring Board, and Operational Agency. Some major duties of the Oper-ational Agency include formulating op-erational strategies and policies; arrang-ing detailed planning of rehabilitation and reconstruction based on the Master Plan by giving space to community’s of disastrous areas aspiration and need; car-rying out rehabilitation and reconstruc-tion through a joint venture with other parties; and organizing and coordinating rehabilitation and reconstruction that implemented by central government, regional governments, and other related parties. To perform the duties, BRR has authori-

ties to manage rehabilitation and recon-struction implementation, to organize available resources, either human re-sources, natural resources or financial and technology resources, tie good rela-tion with other parties to carry out the activities that not supported by APBN or national budget; BRR in conducting its duties makes coordination with central government, regional government and other linked parties.

2 Participation of commu-nity in managing the re-sources

It is stated that: rehabilitation and recon-struction in areas affected by earthquake and tsunami disasters should be carried out special, systematically, goals-oriented, simultaneously and completely by involving participation and acknowl-edging aspiration and needs of the com-munity. Also, found in Article 6. Reha-

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bilitation and reconstruction performed based on participative aspect.

3 Economy developing of coastal community (live-lihoods)

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Presidential Regulation No. 30/2005 on Master Plan of Rehabilitation of Areas and Community

Life in NAD Province and Nias Regency of N. Sumatera Province



The Regulation contains Rehabilitation and Reconstruction Master Plan of Aceh and Nias Areas that consists of Main Directory on Master Plan and Detailed Directory on Rehabilitation and Recon-struction Planning by field division. Chapter V number 13 of Main Directory mentioned about recovery of environ-ment support ability. One of the strate-gies is to rehabilitate coral reefs and create green belt according to coastal characteristics. The principal activities are rehabilitation of mangroves and pio-neer vegetation in coastal areas. At point 5.5.3 on non-nurturing areas, stated that management of shoreline and coastal areas function performed by restoring the functions and land uses of coast-al/shoreline areas as before, based on disaster mitigation.


In Main Directory of Master Plan, there is one special chapter on community and enterprises’ participation. Moreover, one of the basic principles in rehabilitation and reconstruction is participative ele-ment. It means that the Regulation ac-comodates community interest, particu-larly victims, excellently. Community is not treated as an object in this activities, however as main actor during rehabilita-tion and reconstruction period.


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Presidential Regulation No. 69/2005 on Participation of Foreign Institutions/Individuals as

Grants for Rehabilitation and Reconstruction of Areas and Community Life in NAD Province

and Nias Regency of N. Sumatera Province



In rehabilitation and reconstruction ex-ecution, the Government gives oppor-tunities to every party to participate, in-cluding foreign institutions/individuals. Their involvement needs to be organized so that in harmony with Rehabilitation and Reconstruction Master Plan. To par-ticipate, they should apply such proposal program to the Operational Agency. One of the programs is rehabilitation and re-construction coastal and marine re-sources.


Foreign institutions/individuals partici-pation as grants for rehabilitation and reconstruction of areas and community life involves community/local partner in conducting their programs. It available in Article 2 verse (2) and (3).


-

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CHAPTER IV

POLICY RELEVANCE TOWARD THE SUSTAINABLE

MANAGEMENT OF MARINE AND FISHERY RESOURCES

POST-DISASTER IN NIAS OF N. SUMATERA PROVINCE

A close investigation on policies ahead of Tsunami disaster in Nias, from central, pro-vincial to district concerning marine resources and fishery development, confirms that there was lacking relevance among regulations issued. This is observable in a number of contradicting policies between those announced by central govt. and by local govt. Some central policies had not been major foundation for the local regulations, and even brought about overlapping that resulted in disadvantage to local, small-scale fi-shermen. Such situation exacerbated in the course of reformation era, when policies had more drawn attention to increase PAD or regionally generated revenues. On the contrary, after the devastating Tsunami, central govt and regional govt. have shown concurrence and consistency in their policies toward current condition in Nias through:

1. BluePrint on rehabilitation and reconstruction of Nias district. The document is an entry point to design a long-term plan for managing of marine and fi-shery resources in Nias.

2. 2007-2009 action, and rehabilitation and reconstruction plan for Nias islands of N. Sumatera Province post-25 March 2005 earthquake.

3. Law No. 27/2007 on management of coastal areas and small islands 4. Strategic planning for coastal areas of N. Sumatera Province 5. District-head regulation on marine conservation areas in Nias islands 6. Position of local govt. in making policy regarding coastal and marine areas is

very strategic seeing that Law 32/2004 on Local Governance, in particular, Ar-ticle 18 respecting the district authority in a sea territory of one-third of 12 miles.

7. Rules at village level regulate coral reefs preservation.

Although the policies, those focusing on marine and fishery resources for Nias subsequent to the quake and Tsunami, have proven grave consideration to the im-portance of conservation, spatial, and community’s partaking aspects, they can be said less synchronized and one-sided, are not in one frame of regional policy and the operational is not yet the best possible.

The ongoing process of rehabilitation and reconstruction certainly requires more technical works, thus process of policy making into more specific regulations as contained in the Strategic Planning, Action Plan, and the Reconstruction and Re-habilitation Body’s programs has not given main concern to marine and fishery is-sues. It is therefore imperative to endorse local govt. to make comprehensive poli-cies.

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CHAPTER V

RECOMMENDATIONS TO POLICY DIRECTION ON THE

DEVELOPMENT OF MARINE AND FISHERY RESOURCES OF

NIAS ISLAND

Rehabilitation and reconstruction works continuing in Nias currently focusing on ma-rine and fishery resources restoration. It is an important moment of towarding better management. Based on identification and analyses done earlier, thus policy direction on developing marine and fishery must be able to consider several things such as that:

1. relating to marine and fishery resources destruction generated by the tsunami

and the earthquake: thus major priority of the policy is to restore ecosystem of marine and the fishery in Nias island. The restoration is governmental mandate for restoring resources after the Tsunami. The restoration has also to involve re-inventory of the current resources availability. More sophisticated data on marine and fishery reserve is necessary as stock calculation of current resource availability and as reference for future utilization. The data can be converted into dimension to examine on how much resources can be utilized, what kind of resources can be and cannot be exploited, and how to make the most of them. The data can identify risks and count losses driven by either natural dis-aster or human’s destructive actions, thus those risks and losses kept in check as early as possible.

In order for the destruction kept under control, designation of conservation areas, cultural situs, exploitation region, and coastal border is urgently re-quired. Also, a strict control on quantity, compensation due to utilization im-pacts, economic activity permitted and not permitted through tighter permit is-sue, penalty, and natural disaster mitigation. To keep the data periodically up-todate thus a database center for Nias District considered essential.

2. the upcoming policies on fishery and its marine potency have to be tied in with institutional improvement. The presence of local entities, for example: Pan-

glima Laot in NAD and awig-awig in Lombok, is believed able to safeguard the sustainability of their marine resources. All this time, difficulties on all sides of natural resources management are not free from less awareness toward the importance of role of local institutions and the traditional wisdom. Centra-lized management model, top-down, needs to change into a bottom-up as it grants more chances to community’s partaking, or community-based manage-ment model. Moreover, integrity among stakeholders has done through orga-nizing schedule for coordinating meetings. These meetings considered vital seeing that they are not only media for updating any achieved progress, but al-so for sharing information and knowledge. The involvement of local govt. is also significant to monitor and to synchronize each stakehlder’s program.

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In order to make the institutional improvements actual, it is therefore akcno-ledgement to coastal community’s rights is required; coastal resources man-agement has to be community-based, small-scale fishermen are the priority of the economy empowerment program, there must be conflict resolution, integri-ty in the midst of the stakeholders, and involvement of local govt. In addition, these enhancements tied in with building stakeholders’ capacity.

3. relating to economic values of marine and fishery resources of Nias Island

that are very prospective to the regional revenue increase: thus the related policies shall not be trapped by simply economy oriented. These natural re-sources treated as “cash dispenser” by local govt, but as funds and forces to set development to improve the livelihoods of the people. Non-economic values for instance mangrove forests and coral reefs as well in providing protection to the coastal areas given top priority. In view of that, exploitation of marine re-sources and fishery shall give consideration biological, ecological, and social aspects.

To avoid economic values becoming the major orientation thus developing sustainable resources to make better living for each economic actor, more than ever community in coastal areas, needs much deeper consideration mostly by maintaining equilibrium between human being and the natural environment. Managing marine resources and fishery to increase local revenues shall be in the company of transparency and accountability, precautionary approach, inte-grity, and sustainability.

From the above rationalization, it is therefore essential that in the future the policy makers establish policies with respect to

1. Strategic planning for managing coastal areas and small islands or the peri-pheral islands of Nias islands;

2. Spatial planning for coastal areas and small islands; 3. Management planning for coastal areas and small islands or the outer islands

in Nias District

The followings are two justifications underlaying the recommendations above: First, emergence of natural disaster, lower acknowledgement toward coastal people’s rights, and centralized development of coastal resources have ended in coastal degra-dation. Decreasing quality of coastal resources due to varied reasons, overlapping au-thorities amongst sectors, and no accordance in policies by central and provincial, and district govt. as well. Second, regional regulations aimed at improving welfare of coastal people, and totally and sustainably conserving coastal resources. Therefore, the enactment of those regu-lations gives more opportunity to the optimum and sustainable utilization of economic potentials and environmental services. However, Nias and a number of smaller islands saving abundant resources have not won exclusive position among the regional policy makers. Special treatment on those islands is required in view of the fact that their ex-istences have raised frequent disputes between either regions or neighboring coun-tries.

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The next is a scheme proposed to policy-making process that has based on the two major validations dicussed above.

LEGAL CONSIDERATION

� Law No. 31/2004, Law No. 32 /2004, Law No. 27 /2007, Law No. 23/1997, and law No. 5/1990

� Action plan, and 2007-2009 Rehabilitation and Reconstruction Plan for Nias Islands of N. Sumatera Province post Earthquake on 28 March, 2005

� Blue Print of Rehabilitation and Reconstruction of Nias post Tsunami � Strategic plan for coastal areas of N. Sumatera Province � Strategic plan for management of coral reefs in Nias District � District-head Decree on Marine Conservation Areas of Nias islands

District-head Decree on stra-tegic planning for management of coastal areas and small isl-ands in Nias

Spatial planning of coastal areas and small islands

RECOMMENDED SCHEME FOR POLICY MAKING ON

MARINE AND FISHERY RESOURCES MANAGEMENT IN

NIAS DISTRICT

Regional regulations on developing of coastal areas and small islands

PRINCIPLES

- TRANSPRANCY & ACCOUNTABILITY - LEGAL ASSURANCE - LEGAL PLURALISM - JUSTICE - SUSTAINABLITY - COMMUNITY’S PARTICIPATION

JUSTIFICATION � Frequent natural disaster in coastal regions � The importance of acknowledgement toward local community’s rights

over marine resources and fishery � Natural resources degradation � Sustainability of marine resources and fishery in Nias � Legitimate power of local govt. over its seas � The importance of integrity among stakeholders

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Reference

Akmad Fauzi,. 2005. Kebijakan Perikanan dan Kelautan; Isu, Sintesis dan Gagasan,

Gramedia Pustaka Utama Jakarta , 2005

Anonim, 2006. Udang Dibalik Mangrove, (accessed from www.dephut.go.id)

Centre of Information and Data of ministry of marine affairs and fisheries, 2005. De-

partmen Kelautan dan perikanan dalam angka or ministry of marine affairs and

fisheries in figures 2005

Dietrrich Begen. 2000. Pengenalan Pengelolaan Ekosistem Mangrove, PKSPL, IPB-

Bogor.

Fishbase organization. Term of Artisanal fisheries. Accessed at

http://www.fishbase.org/glossary/Glossary.cfm?TermEnglish=artisanal%20fishe

ries (September, 2008)

Marine Affairs and Fisheries Agency of North Sumatera Province. 2007. Profile of

Marine and Fishery of N. Sumatera Province.

Marine Affairs and Fisheries Agency of North Sumatera Province. July 2006.

Agromarinepolitan Development Program of Coastal, Small islands, and Outer

islands of N. Sumatera Province.

Maryoto, Andreas. Tambak Udang Antara Harapan dan Ancaman, Article in an

Kompas Newsletter, 23 Agustus 2000.

Ministry for National Development Planning. 2007. 2007-2009 Action and

Rehabilitation and Reconstruction of Areas in Nias Island of N. Sumatera

Province Post-Quake

North Nias Goverment, 2007. Bupati Decree, No 20 tahun 2007 about The Strategic

Planning of Coral Reef Management in Nias District 2007-2011 or Rencana

strategis pengelolaan terumbu karang di kab nias 2007-2011

Roem Topatimasang. 2000. Merubah Kebijakan Publik. Insist Press; Yogyakarta

Suryadiputra, I N. N. 2006. The Assessment of Environment Condition Post Tsunamy

in Some Location in Aceh Province or Kajian Kondisi Lingkungan Pasca Tsu-

nami di Beberapa Lokasi Nanggroe Aceh Darussalam dan Nias. Wetlands In-

ternational – Indonesia Programme. Bogor

Trust Magazine, No.46 Year IV, August-September 2006

Wirjono Prodjodikoro. 1991. Hukum Laut Indonesia. Sumur Bandung. Bandung.

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